Text
The defendant shall be innocent.
Reasons
1. On July 10, 1979, the Defendant: (a) was married to the Defendant’s room located in Ulsan City, Ulsan Metropolitan City, in spite of the Defendant’s intention to marry the victim D 35 years of age; (b) was married to the Defendant and her scam, etc.; and (c) was married to the Defendant on one occasion from that time to that time.
7. Until December 25, 200, a female who had not been habitually engaged in sexual intercourse and has sexual intercourse under the pretext of marriage.
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.
If so, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.