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(영문) 대구지방법원 서부지원 2015.05.12 2015재고단9
간통
Text

The defendant shall be innocent.

Reasons

1. On June 11, 2010, the Defendant, while knowing that he was a spouse B’s spouse, was sexual intercourse with B more than once between June 11, 2010 and June 17, 2010, respectively, on nine occasions, as indicated in the list of crimes in the attached list of crimes.

2. The prosecutor charged a public prosecution by applying Article 241(1) of the Criminal Act to the above charged facts, and the Constitutional Court rendered a decision that the above provision 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, 2014Hun-Ba4, 2014, 2014Hun-Ba4, 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).

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