간통
The defendant shall be innocent.
1. On November 8, 1997, the Defendant: (a) knew that he/she was a spouse who has completed a marriage report with C; (b) provided that, around April 17, 2014, he/she had the knowledge that he/she had a spouse, compared each other with A in line with A in the nearest room of the “Magmolet” located in the Seogdong-dong, Seogu, Daegu-gu, Daegu-gu; (c) around June 20, 2014, at the apartment room near the dead electric-distance room located in the Seogdong-gu, Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, and (d) went through three times by comparing each other with A around July 9, 2014.
2. The prosecutor, applying Article 241(1) of the Criminal Act to the above facts charged in relation to the defendant, was prosecuted by applying Article 241(1) to the judgment subject to a judgment that found the defendant guilty, but Article 241(1) of the Criminal Act was finalized on November 4, 2014. However, on February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality with respect to Article 241(1) of the same Act (the Constitutional Court Decision 2009Hun-Ba17,205, 2015; 2010Hun-Ba194; 2011Hun-Ba4; 2012Hun-Ba57, 255 and 411; 2013Hun-Ba139, 161, 267, 276, 346, 201; 31Hun-Ba31, 2014; 2014Hun-Ga14, which is retroactively null and void.
(See Supreme Court Decision 2005Do8317, Jun. 28, 2007, etc.). Thus, since the facts charged in this case do not constitute a crime, the facts charged in this case should be deemed not guilty in accordance with the former part of Article 325 of the Criminal Procedure Act.