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(영문) 수원지방법원 2015.08.13 2015고단2009
간통
Text

The defendant shall be innocent.

Reasons

1. The Defendant was a spouse who completed the marriage report with B on October 7, 2002, and, on July 20, 2012, around 01:00, the Defendant was sexual intercoursed with C with C at a passenger car near the Folk village in the Boi-dong, Young-gu, Young-gu, Young-si, and as indicated in the list of crimes in the attached Form, 19 times in total from that time until February 28, 2013, as indicated in the list of crimes in the attached crime.

2. On February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions of the adultery, in cases such as 2009Hun-Ba17, etc.

Where a penal law or a legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to cases where it does not constitute a crime.

(See Supreme Court Decision 2001Do3495 Decided March 10, 2005, etc.). 3. Conclusion, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

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