간통
The defendant shall be innocent.
1. On July 8, 2012, the Defendant: (a) was a spouse who completed a marriage report with E on March 8, 1984; and (b) was in the guest room where the number of G located in Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon, was unknown; and (c) was sent to B and once sexual intercourse with B from August 2009 to July 20, 2012, as indicated in the list of crimes in the attached list of crimes.
2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on January 23, 2014.
On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional (the Constitutional Court Decision 2009Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba57, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2014Hun-Ba4, 31, 2014Hun-Ba4, 207Hun-Ba1, 208, 208Hun-Ba2086, 208, 208, 208).
On the other hand, where the provisions of the Punishment Act retroactively lose its effect due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be deemed to constitute a crime.
(see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007). 3. As such, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.