간통
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 27, 201, at around 00:25, the Defendant knew that he/she is a spouse of A, the Defendant provided one-time sexual intercourse with A on July 27, 201, from 603, the Felmo 603 in the Dong-dong, Chungcheongnam-si, Chungcheongnam-si, and one-time sexual intercourse with A on November 11, 201, at around 22:00, at the Defendant’s original room located in Daegu North-gu, Daegu, 205, respectively.
2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, the applicable provisions of the charged facts of this case, is unconstitutional.
[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464 (merged), 201Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4 (Consolidated)) decided on February 26, 201] As a result of the decision of unconstitutionality, Article 241 of the Criminal Act is constitutional [The Constitutional Court Decision 2007Hun-Ga17 (Consolidated, October 30, 208] of the Constitutional Court Act, and retroactively invalidated its effect on October 31, 2008.
Where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case where it does not constitute a crime.
Therefore, the facts charged of this case constitute a crime and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant pursuant to Article 440 of the Criminal Procedure Act shall be announced as per Disposition.