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(영문) 제주지방법원 2015.07.15 2015재고단13
간통
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is: (a) around January 11, 2014, the Defendant was aware that he/she was his/her spouse; (b) around February 1, 2014, in a room where he/she is unable to know the heading room of the Maz (D); and (c) on February 2, 2014, on the maz vehicles (E) set up on the coast roads located in Jeju-si No. 1 Dong-dong, Jeju-si; and (d) around March 2014, the Defendant sent the maz vehicles (E) with A, each of which is set up on the coast roads located in Jeju-si dong-dong, Jeju-si, Jeju-si.

2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on February 13, 2015.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional.

[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015] The Constitutional Court Decision 201Hun-Ba (see Article 47(3) of the Constitutional Court Act), which retroactively loses its effect on the day following the date on which the previous decision was made (see Article 241 of the Criminal Act). Thus, the Constitutional Court Decision 2008Hun-Ba107, 308,207.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.

Supreme Court Decision 91Do2825 Decided May 8, 1992, Supreme Court Decision 2005Do8317 Decided June 28, 2007, etc.

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