혼인빙자간음
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal was determined by the Constitutional Court that Article 304 of the Criminal Act provides that "a person who has sexual intercourse by deceiving a female who does not habitually engage in sexual intercourse under the pretext of marriage" violated the Constitution, and accordingly, the provision of the penal law becomes retroactively null and void. Therefore, the facts charged against the defendant does not constitute a crime.
2. Determination
A. The summary of the facts charged of this case is that the Defendant worked as a hotel hotel hall in Daegu Suwon-gu B from July 13, 1999 to January 1, 200, and the Defendant was married with Nonindicted Party D in the People's Republic of China around August 10, 1998, and reported the marriage at the legal domicile of October 1 of the same year, and did not have any intention to marry with other women, and even though he did not have such intention, around November 7, 1999, he did not want to marry with other women. However, the Defendant did not habitually engage in sexual intercourse from around 10, 1999 to 23 years of sexual intercourse with the victim from around 10, 199 to 3 years of sexual intercourse with the victim from around 10, 199 to 19 years of sexual intercourse.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.
C. On November 26, 2009, the Constitutional Court of Korea rendered a decision on the trial of the political party, in Article 304 of the Criminal Act, which applies mutatis mutandis to the facts charged in this case, does not habitually engage in the act of marriage under the circumstance of marriage.