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(영문) 대전지방법원 2015.10.30 2015재고단2
간통
Text

The defendant is not guilty. The summary of the above judgment shall be publicly notified.

Reasons

1. The summary of the facts charged is that the Defendant is a person who was a spouse who completed marriage reporting with D on March 7, 2005.

On July 10, 2012, around 05:00, the Defendant provided “Fnaart club” on the first floor, Dong-gu, Daejeon, Daejeon, with a single sexual intercourse with B.

B. On July 18, 2012, around 04:00, the Defendant sent sexual intercourse with B one time with a mother telecom, where the name of the Daejeon Seo-dong cannot be known.

C. On July 26, 2012, around 04:00, the Defendant sent sexual intercourses with B and once in the Hemotoel located in Daejeon Seo-gu Daejeon, Daejeon.

The Defendant’s rank around 05:00 on August 2012, 201.

At the location of subsection B, B and once sexual intercourse.

E. On August 7, 2012, around 04:00, the Defendant sent sexual intercourses with B and once in the Hemotoel located in Daejeon Seo-gu Daejeon, Daejeon.

F. On August 28, 2012, the Defendant was above the Defendant around 17:00.

At the location of subsection B, B and once sexual intercourse.

G. On September 10, 2012, the Defendant was above the Defendant around 18:00.

At the location of subsection B, B and once sexual intercourse.

2. The judgment and the conclusion are as follows: (a) a prosecutor prosecuted the above facts charged against the defendant by applying Article 241(1) of the Criminal Act; and (b) a judgment subject to a retrial was finalized on June 26, 2014, but Article 241(1) of the Criminal Act became final and conclusive on February 26, 2015; (c) a decision of unconstitutionality made by the Constitutional Court on February 26, 2015 (the Constitutional Court Decision 2009Hun-Ba17,205, 2014, 2010Hun-Ba194, 2011, 2011Hun-Ba4, 2012Hun-Ba57, 255, 2013Hun-Ba139, 161, 267, 276, 342, 364 (Joint), 2011Hun-Ba31, 2014).

(see, e.g., Supreme Court Decision 2005Do8317, Jun. 28, 2007). Accordingly, the instant facts charged constitute a crime.

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