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(영문) 서울중앙지방법원 2015.05.12 2015재고단29

간통

Text

The defendant shall be innocent.

Reasons

1. On June 20, 2003, the Defendant: (a) knew of the fact of the charge that the Defendant was a spouse who had completed a marriage report with F on June 20, 2003; (b) provided that, around November 21, 2009, the Defendant published the case on 48 occasions, as described in the attached list of crimes, in a room where it is impossible to identify the head of H hotel located in Jung-gu Seoul Metropolitan Government G, with A, and one-time sexual intercourse.

2. The prosecutor prosecuted the above charged facts by applying Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953); and the Constitutional Court rendered a decision that the above provision of the Act is unconstitutional (Supreme Court Decision 2009HunBa17,205, 2010HunBa194, 201HunBa4, 2015, 2012HunBa57, 255, 411, 2012HunBa57, 2013HunBa139, 161, 267, 276, 342, 365, 2013HunBa53, 53,464, 2011HunBa31, 2014HunBa4, 2014, 2014HunBa4, which is retroactively null and void.

[However, since Article 241 of the Criminal Act (amended by Act No. 293 of Oct. 30, 2008) was decided not to violate the Constitution on Oct. 30, 2008, Article 241 of the Criminal Act (amended by Act No. 293 of Sep. 18, 1953), the above provision of the Act was invalidated retroactively on Oct. 31, 2008).