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(영문) 대전지방법원 2016.04.22 2016재고단6
간통
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who is a spouse of which the report of marriage with E on January 31, 2005 has been completed.

A. On October 28, 201, the Defendant taught F hotel rooms in Gangwon Yangyang-gun with B one time in a room where it is impossible to know about the room.

B. On November 201, 201, the Defendant conspiredd with B one time with the Defendant in the instant parking lot, following the World Cup stadium shop in the Daejeon Seodong-dong, Seosung-gu, Daejeon.

(c)

On January 2012, the Defendant was in the apartment parking lot in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, which was located in the apartment parking lot in the 2-dong, Seo-gu, Seo-gu, Daejeon, with a single gender with B.

(d)

On February 17, 2012, the Defendant conspiredd with B once with B in a room in which it is impossible to find out the family room of the Maccomel, the trade name of which is in the deliberation of the North Yong-gun.

E. On March 30, 2012, the Defendant conspiredd with B one time with a room in which it is impossible to find out the family room of the Mourel with which it is unknown that the trade name in the Southern Navy cannot be known.

Accordingly, the defendant was sent to the above B more than five times.

2. The date of committing the instant facts charged was over 201 to 2012, and Article 241 of the applicable Criminal Act was determined as unconstitutional by the Constitutional Court Decision 2009HunBa17 Decided February 26, 2015.

Therefore, the facts charged of this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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