Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

A. In the instant facts charged by misapprehending the legal principles, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions for adultery, and thus, the Defendant is acquitted.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the determination of the Defendant’s assertion of misapprehension of the legal principles, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is a applicable provision of the facts charged in the instant case, in the case of 2009HunBa17, Feb. 26, 2015 (combined). In a case where the law or legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, the Defendant’s case indicted by applying the pertinent provision of the relevant

(see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). Therefore, the lower court’s judgment that found the Defendant guilty of charges by applying Article 241 of the Criminal Act cannot be maintained any more.

3. In conclusion, the part of the judgment of the court below should be reversed, and since the court below deemed the remaining part of the judgment of the court below as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single sentence to the defendant, the judgment of the court below as to the defendant's assertion of unfair sentencing shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it shall be

Criminal facts

Except for deletion of paragraph (1) of the facts constituting an offense, the summary of the facts constituting an offense and the evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.