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(영문) 수원지방법원 평택지원 2015.04.23 2015재고단1
간통
Text

The Defendants publish the summary of the judgment against the Defendants not guilty.

Reasons

A summary of the facts charged is a person who has been married with C on October 6, 2001, and around 21:00 on October 5, 2012, Defendant A conspired with B once with each other in a room in which it is impossible to identify the Eel care room located in D in Boan-si, Yan-si. On October 17, 2012, Defendant A conspired with B once with B on October 17, 2012. Defendant B, even though he was aware that the above spouse is a person who is a spouse of A, provided that he was sexual intercourse with B on two occasions.

On February 13, 2013, the judgment subject to a retrial was affirmed by applying Article 241(1) of the Criminal Act to the facts charged in this case.

However, on February 26, 2015, which became final and conclusive after the judgment subject to review became final and conclusive, the Constitutional Court rendered a decision that the said provision is unconstitutional (see, e.g., Constitutional Court en banc Decision 2009Hun-Ba17, 205, Feb. 26, 2015). Accordingly, the said provision of the law became retroactively null and void as to a crime from October 31, 2008.

(1) Article 47 (3) of the Constitutional Court Act provides that "no provision of the Act on Punishment decided as unconstitutional pursuant to Article 47 (3) of the Constitutional Court Act shall retroactively lose its effect on the day following the day on which the previous decision is made, and since the Constitutional Court rendered a decision that the above provision of the Act does not violate the Constitution on October 30, 2008, the facts charged in this case shall retroactively lose its effect on the crimes after October 31, 2008) constitutes a case where the above provision of the Act on Punishment has retroactive effect on the decision of unconstitutionality, and no further provision on the grounds of punishment exists, the facts charged in this case shall not be

According to the conclusion of the decision, not guilty is pronounced in accordance with the former part of Article 325 of the Criminal Procedure Act, and the summary of the verdict of not guilty is published in accordance with Article 440 of the same Act

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