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(영문) 서울남부지방법원 2015.05.12 2015재고단3
간통
Text

The defendant shall be innocent.

Reasons

1. The facts charged A is a person who has been married with C on October 17, 1996, and the defendant was aware that he/she was a spouse on December 14, 1991, who was a spouse after filing a marriage report with E on December 14, 1991.

1. On November 15:00 on November 7, 2013, the Defendant: (a) was parked in the 243-60 World Cup 243-60 World Cup 15:0; (b) provided that A-owned passenger car F, which was parked in the 243-60 World Cup 20 World Cup 200; and

2. At around 01:30 on November 14, 2013, the Defendant sent a parking lot at the fourth underground-story parking lot in Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul, with a single sexual intercourse with A, and

3. On December 5, 2013, at around 04:30 on December 5, 2013, the Defendant provided the foregoing passenger car parked on the 139 street in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a single sexual intercourse with A;

4. On March 1, 2014, around 09:30 to 10:30 on March 1, 2014, the Defendant parked in a parking lot with an address of not more than Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul, with a single sexual intercourse with A,

5. On June 2014, the Defendant was parked in the 4th underground parking lot of Yangcheon-gu Seoul, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a single sexual intercourse with A, and

6. On July 6, 2014, around 07:30 on July 6, 2014, the Defendant parked in the 4th underground-class parking lot of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with a single sexual intercourse with A, and had it go through the intersections and wins over six occasions as above.

2. On November 27, 2014, the judgment subject to a retrial, which was found guilty by applying Article 241(1) of the Criminal Act to each of the above charged facts, became final and conclusive on each of the following grounds

However, on February 26, 2015, the Constitutional Court declared that the above provision of the law is unconstitutional (2009Hun-Ba17, etc.). In the case where the previous provision of the law on punishment is constitutional in accordance with Article 47(3) of the Constitutional Court Act, if there is a case previously decided to be constitutional, the provision on punishment becomes retroactively effective on the day following the date on which the decision is made, and the Constitutional Court declared that the above provision of the law on October 30, 2008 does not violate the Constitution (see, e.g., 2007Hun-Ga17, etc.). Accordingly, the above provision of the law is retroactively effective on October 31, 2008, following

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