간통
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. In light of the fact that the Defendant, despite the failure of the family by the Defendant’s act as the Defendant’s act, has consistently denied the crime from the investigative agency to the court of the court below, and did not recover from damage, etc., the lower court’s sentence that sentenced the Defendant to a community service order for 10 months, 2 years of suspended execution, and 100 hours of imprisonment is too uneasible and unreasonable.
2. On February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions of the facts charged in the instant case, in a case involving 2009HunBa17, etc., and where the applicable provisions of the charges in the instant case have retroactively lost due to the Constitutional Court’s decision of unconstitutionality, the relevant accused case
(see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). If so, the facts charged in this case against the defendant constitutes a crime and thus, the verdict of innocence should be rendered pursuant to the former part of Article 325 of the Criminal Procedure Act. As such, the judgment below that found the defendant guilty of this part of the facts charged by applying Article 241 of the Criminal Act
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The court below's decision is reversed as follows.
The summary of the facts charged in the instant case is that “the Defendant is a spouse who has completed a marriage report with F on August 27, 1981. The Defendant, on July 15, 2013, sent to B and once sexual intercourse with B from a separate house for Hempary in Yang-gun G located in Yang-gun, Yangyang-gun on the new wall-si on July 15, 2013.” This constitutes a case that does not constitute a crime for the same reason as the mentioned in paragraph (2) above, 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 is publicly announced pursuant to Article 58