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The defendant shall be innocent.
Reasons
1. The summary of the facts charged A is a person who has been married with D on August 6, 2001.
With knowledge that the Defendant is a spouse of A, the Defendant
A. From 15:00 to 16:00 on the early April 2012, 201, the Defendant was sent to A with a single sexual intercourse in a room in which it is impossible to find out the family room of the non-commercial telecompeting in Changwon-si, Masan-si;
B. From 13:00 to 14:00 on July 2012, at a room where the head of the home-plug’s near the home-plug’s room in the movement of the Jinwon-si, Changwon-si, the head of the home-plug’s room cannot be identified, and the head of the home-plug’s room one time with A;
C. From October 2013 to 19:00, between 18:00 and 19:00, the Defendant’s parking on the rear side of the Energy Science Park Outdoor Park, which was parked in the direction of the Jinwon-si, was published one time with A, within the ASEAN car owned by the Defendant.
2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is in violation of the Constitution (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015) (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015), and Article 241 of the Criminal Act, due to the above decision of unconstitutionality, lost its effect retroactively on October 31, 208, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008) was made in accordance with the proviso of Article 47
In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.
(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, since the facts charged in this case are not a crime, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.