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The defendant shall be innocent.
Reasons
1. The summary of the facts charged A is a person who has a spouse who completed the marriage report with C on November 21, 1990.
At around 13:00 on May 10, 2012, the Defendant compared each of the above A with 506 rooms of the E hotel located in Goyang-gu, Seoyang-gu, Busan-si, in a room where it is impossible to find out the heading room of the Gel in Goyang-si F on June 12, 2012, around 14:00, and around 14:00 on June 22, 2012.
2. On February 26, 2015, the Constitutional Court rendered on February 26, 2015, which became final and conclusive after the judgment subject to retrial became final and conclusive.
(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional shall retroactively lose its effect on the day following the day on which the previous decision is made if there is a previous case which is constitutional (Article 47(3) of the Constitutional Court Act). The Constitutional Court rendered a decision that the above provisions of the Act do not violate the Constitution on October 30, 2008 (Article 2007Hun-Ga17, etc.). Thus, the above provisions of the Act retroactively lose its effect on October 31, 2008, the following day.
The facts charged of this case include acts after the base date on which the retroactive effect is affected, and the applicable provisions of this case’s facts charged were retroactively invalidated in accordance with the decision of unconstitutionality as above.
Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.