Text
A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Criminal facts
The defendant is a spouse who has completed a marriage report on October 17, 1985.
On December 2, 2007, the Defendant, which was parked in the official land in the 4th Industrial Complex Corporation located in the city of the United States in the city of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the
Summary of Evidence
1. Part of the defendant's legal statement and the second part of the trial record;
1. Statement of E;
1. Application of Acts and subordinate statutes to the complaint of E (including attached documents);
1. The first sentence of Article 241 of the Criminal Act concerning the crime;
1. A portion not guilty under Article 62 (1) of the Criminal Act (wholly related, reflective attitude, etc.);
1. The Defendant is a person who is a spouse who has reported marriage to E on October 17, 1985.
On November 6, 2009, the Defendant sent sexual intercourse with B and one time at the Gelster located in the Gui-si F at the night.
B. On January 1, 2009, at around 16:30, the Defendant respondedd with B one time from the Hemoto’s care room located in the Sinsi F, Sinsi, Sinsi.
C. At around 21:30 on November 9, 2009, the Defendant sent to B and once a passenger car of the Defendant parked near the fourth U.S. Industrial Complex Corporation of the U.S. in the U.S. located in the Dong-dong area of the U.S. in the U.S. Si.S. Industrial Complex.
The Defendant at night, on December 10, 2009.
At the same place as paragraph B, B and once sexual intercourse was made.
E. The Defendant: (a) at night on December 14, 2009.
At the same place as paragraph B, B and once sexual intercourse was made.
In this respect, the defendant was sent to B over five times.
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 each of the facts charged.
(The Constitutional Court Order 2009Hun-Ba17, Feb. 26, 2015). As a result of the said decision of unconstitutionality, Article 241 of the Criminal Act retroactively lost its effect on October 31, 2008, following the day when the previous decision of constitutionality was made (the Constitutional Court Decision 2007Hun-Ba17, etc.).
Therefore, since each of the facts charged is a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.