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(영문) 부산지방법원 2013.12.19 2013재고단11
혼인빙자간음
Text

The defendant is not guilty. The defendant is not guilty. The summary of the above judgment shall be published.

Reasons

1. The summary of the facts charged of this case, around 15:00 on June 23, 1978, the Defendant, as the Defendant, was sexual intercourse with the victim E by making a false statement to the victim E on the ground that he was unable to marry or find employment with the victim E, even though he did not have any intention or ability to deliver to the Defendant, and that he was “a defect in the course of marriage by having the Defendant find employment as a full-time accounting officer,” and sexual intercourse with the victim believed to have been sexual intercourse once with the victim who believed to have been sexual intercourse.

2. The prosecutor of the judgment was prosecuted by applying Article 304 of the Criminal Act to the above charged facts. However, the part of "a person who induces a female who does not habitually engage in sexual intercourse by deceiving such female under the circumstance of marriage" in Article 304 of the same Act was ruled unconstitutional by the Constitutional Court Decision 2008Hun-Ba58, 2009Hun-Ba191, Nov. 26, 2009. Accordingly, pursuant to the proviso of Article 47 (2) of the Constitutional Court Act, the above provision of the law retroactively lost its validity.

Thus, since the facts charged in this case are not a crime, it shall be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, and it shall be decided as per Disposition by publicly announcing the summary of the judgment against the defendant pursuant to Article 58 (2) of the Criminal Act.

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