간통
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is that the Defendant, on August 7, 2008, was a spouse who had reported marriage with C on August 7, 2008, and, on October 26, 2013, was sent to B with the Ecom 307 Ecom 307 in Seocheon-gu, Seocheon-si.
2. The prosecutor charged a public prosecution by applying Article 241(1) of the Criminal Act to the facts charged in the instant case, and the judgment subject to a retrial, which found guilty, became final and conclusive on February 5, 2014.
On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the applicable provisions, is unconstitutional.
[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015] The Constitutional Court Decision 201Hun-Ba (see Article 47(3) of the Constitutional Court Act), which retroactively loses its effect on the day following the date on which the previous decision was made (see Article 241 of the Criminal Act). Thus, the Constitutional Court Decision 2008Hun-Ba107, 308,207.
The facts charged of this case include acts after the base date on which the retroactive effect is effective, and the applicable provisions of this case’s facts charged were retroactively invalidated according to the decision of unconstitutionality as above.
3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced under Article 440 of the Criminal Procedure