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(영문) 대구지방법원 서부지원 2015.05.12 2015재고단1
간통
Text

The defendant shall be innocent.

Reasons

1. On January 23, 2002, the Defendant: (a) knowingly known that he/she was a spouse who has completed a marriage report with D on March 30, 201; (b) provided that, around 23:30 on March 30, 201, the Defendant provided a single sexual intercourse with A with a woman who is unable to know the trade name in the Daegu Suwon-gu Puldong.

2. The prosecutor, applying Article 241(1) of the Criminal Act to the above charged facts, was prosecuted, and the Constitutional Court rendered a decision that the above provision of the Criminal Act is unconstitutional (the Constitutional Court Decision 2009HunBa17,205, 2010HunBa194, 2010HunBa194, 2011HunBa4, 2012HunBa57, 255, 411, 2013HunBa139, 161, 267, 267, 276, 342, 365, 2014HunBa53, 464, 2011HunBa4, 2014HunBa4, 2014HunBa4, 31, 2014HunBa4, which is retroactively null and void.

[However, since Article 241 of the Criminal Act (amended by Act No. 293 of Oct. 30, 2008) was decided not to violate the Constitution on Oct. 30, 2008, Article 241 of the Criminal Act (amended by Act No. 293 of Sep. 18, 1953), the above provision of the Act was invalidated retroactively on Oct. 31, 2008).

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