간통
1. The judgment of the court below is reversed.
2. The Defendants are not guilty.
1. The summary of the grounds for appeal (e.g., both types of punishment on the Defendants) is too unreasonable as the lower court’s punishment is too unreasonable.
2. Summary of the facts charged
A. Defendant A is a person who has completed a marriage report with D on January 5, 2001.
On July 201, 201, the Defendant: (a) sent B and once sexual intercourse at the home of Japan, Yasi E 1002; (b) sent B and once sexual intercourse at the motherel located in Japan on August 14, 2011; and (c) sent B and one sexual intercourse at the home of Posman B and three times on October 201.
B. Defendant B is aware that he is a person who is a spouse A.
at the same date, time, and place as described in paragraph (1).
As in the paragraph, A and three times have been interchangeed with each other.
3. We examine ex officio the Defendants’ grounds for appeal prior to the judgment.
On February 26, 2015, the Constitutional Court decided that Article 241 of the Criminal Act applied to the Defendants by the public prosecutor was unconstitutional, and Article 241 of the Criminal Act was retroactively invalidated.
Therefore, the judgment of the court below is no longer maintained.
4. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the Defendants, on the ground that the above judgment of the court below is reversed ex officio, and it is again decided as follows.
The summary of the facts charged of this case is identical to Paragraph 2, and Paragraph 3, which constitutes a case that does not constitute a crime, and thus, all defendants are acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.