간통
Defendants are not guilty. The summary of this judgment is publicly announced.
1. The summary of the facts charged is that Defendant A was a spouse who has reported the marriage with D, and the sexual intercourse with B on June 25, 2010, and Defendant B knew that he/she was a spouse of the above A, and the sexual intercourse with A on a single occasion, even though he/she was aware that he/she was a spouse of the above A.
2. On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) is unconstitutional.
(The Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015). In a case where a previous case was decided to be constitutional, the provisions of the law on punishment which was decided to be unconstitutional shall lose its effect retroactively on the day following the day on which the previous case was decided to be constitutional (Article 47(3) of the Constitutional Court Act). The Constitutional Court rendered a decision that the above provisions of the law do not violate the Constitution on October 30, 2008 (the Constitutional Court Order 2007Hun-Ga17, Oct. 30, 2008, etc.). Thus, the above provisions of the law shall lose its effect retroactively on October 31, 2008, which is next day.
Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.
(See Supreme Court Decision 2005Do8317 Decided June 28, 2007). Thus, since the facts charged in this case constitute a case that does not constitute a crime, each of the Defendants is acquitted under the former part of Article 325 of the Criminal Procedure Act and the summary of the judgment of innocence is publicly notified under Article 440 of the same Act.