The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal (the factual error) is not consistent with A as stated in the judgment of the court below, but is erroneous in the misapprehension of facts that the court below found the defendant guilty of the facts charged in this case.

2. The summary of the facts charged reveals that the Defendant was a spouse of A, and, around October 9, 2010, knew that he/she was the spouse of A, he/she respondeded to A and A once with the Government-Si E 203, and (2) around October 10, 2010, he/she respondeded with A once with each other at the same place as above.

3. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is a provision applicable to the facts charged in the instant case, in the case on February 26, 2015, 2009HunBa17205 (Joint).

Article 241 of the Criminal Act, due to the decision of unconstitutionality, was retroactively invalidated on October 31, 2008, following the day when the previous decision of constitutionality was made (the Constitutional Court Decision 2007HunGa17, Oct. 30, 2008) in accordance with the proviso of Article 47(3) of the Constitutional Court Act (the Constitutional Court Decision 2007HunGa17, etc.).

In a case where a penal law or a legal provision becomes retroactively null and void due to the decision of unconstitutionality, the Defendant case indicted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2009Do9949, May 13, 201). As such, the lower judgment convicting this part of the facts charged was no longer maintained.

4. If so, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of misunderstanding of facts, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts charged in this case is the same as that of the above Paragraph 2, which constitutes a case that does not constitute a crime as seen above, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.