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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 300,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years of suspended sentence in August, a fine of 500,000 won, and a community service order of 120 hours) is excessively unreasonable.
In addition, since the Constitutional Court rendered a decision of unconstitutionality as to the crime of adultery after the pronouncement of the judgment of the court below, the charge of adultery among the facts charged in this case should be pronounced not guilty.
B. The above sentence imposed by the public prosecutor by the court below is too unfortunate and unfair.
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 adultery, among the facts charged in the instant case, in cases such as 209HunBa17, etc.
In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). As such, the lower court that found the Defendant guilty of this part of the facts charged by applying Article 241 of the Criminal Act was no longer maintained.
3. In conclusion, the part of the judgment of the court below against the defendant should be reversed on the ground that there is an ex officio ground for reversal of the part of the judgment of the court below. Since the above part is deemed to be concurrent crimes between the defendant's remaining crime and the crime of bodily injury under Article 37 of the Criminal Act, the court below ruled that the above part of the judgment of the court below as to the defendant under Article 364 (2) of the Criminal Procedure Act shall be reversed in its entirety
[D. The Defendant, on January 9, 201, needs to take care of about two weeks to the right of the victim in the process of pursuing communications between the Defendant and the Defendant and the Defendant in the above apartment on January 9, 2011.