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(영문) 수원지방법원 2015.06.02 2015재고단14 (1)

간통

Text

The defendant shall be innocent.

Reasons

1. The Defendant of the facts charged is a person who has been married with C on October 1, 2002, and whose spouse reported marriage with C, and

A. On April 26, 2013, the mutual influence B and once with the non-fluence in the transfer dong of Suwon-si, Suwon-si, Gyeonggi-do;

(b) The same year;

5.4.For the purpose of passage between Emburine Emburine D, Emburine B;

(c)in the middle of the same month, a passage between B and once in passenger cars owned by B, which were parked in the Sejong-do Salymnae Park at 21:0 Masan-si, Yasan-si;

(d) going between B and B once in passenger cars parked at the time of the end of the same month with B, which are parked in sports parks at the time of the same month;

(e) The same year;

6.5.2

At the place described in the paragraph B, the two parts were sent to the middle and the middle.

2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a final judgment that convicted him/her was finalized on October 24, 2013.

However, the Constitutional Court made a constitutional decision on October 30, 2008 on the above provision of the law (the Constitutional Court Decision 2007HunGa17, Oct. 30, 2008) and declared that the above provision of the law is in violation of the Constitution on February 26, 2015 (the Constitutional Court Decision 201HunGa31, Feb. 26, 2015, etc.). Pursuant to Article 47(3) of the Constitutional Court Act, the above provision of the law was retroactively invalidated on October 31, 2008 following the constitutional decision.

Ultimately, since the legal provisions applied to the facts charged in this case have retroactively lost effect, and accordingly, the facts charged in this case constitute a case that does not constitute a crime, a judgment of not guilty pursuant to the former part of Article 325 of the Criminal Procedure