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The judgment of the court below is reversed.
Defendants are not guilty
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A filed an appeal against the lower judgment on December 4, 2014, Defendant A, who received the notification of the receipt of the trial record on December 17, 2014, did not submit the grounds for appeal within 20 days from the receipt of the notification of the receipt of the trial record, and the petition of appeal does not contain any grounds for appeal.
However, the judgment of the court below is examined as follows.
B. After the judgment of the court below was rendered by Defendant B, E, the spouse of Defendant A, withdrawn the divorce lawsuit against Defendant A.
2. A summary of the facts charged is a person who has been married with E on October 7, 201 and was a spouse after filing a marriage report, and around 02:00 on March 18, 2014, Defendant B and Defendant B, a work partner, were sent one time to each other in a car, which is located near the Innex Park in the Innex Park in the Gandong-gun, Chungcheongnam-gun, Chungcheongnam-do. Defendant B, despite being aware that he/she is a spouse of Defendant A, was sent one time to Defendant A at the same time and at the same place.
3. On February 26, 2015, the Constitutional Court rendered a decision that Article 241(1) of the Criminal Act and Article 241(2) of the Criminal Act, which are the penal provisions for the charged facts of this case, are unconstitutional.
[Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 201Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, by withdrawing a divorce lawsuit against Defendant A. Therefore, the issue of whether the prosecution procedure of this case violates Article 241(2) of the Criminal Act is no longer determined.
However, in a case where the penal law or legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case prosecuted by applying the pertinent provision is not a crime, and thus, the Supreme Court Decision 2001Do3495 delivered on March 10, 2005.