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(영문) 울산지방법원 2016.02.25 2016재고단3
간통
Text

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

Reasons

1. The summary of the facts charged A is a spouse who has been married with E on December 21, 2003 and completed a marriage report.

A. On July 4, 2012, around 18:30 on July 4, 2012, the Defendant conspiredd with A and once with a room in which it is impossible to identify the head of the Gelel located in Ulsan-gu F.

B. On August 2012, 2012, the Defendant 18:30 on the first and second day, at a room in which it is impossible to find out the head of the Gelan Nam-gu Gelan-gu F, Ulsan-gu. A and 1 time sexual intercourse.

(c)

On October 2012, the Defendant 18:30 on the first day of October 2012, the Defendant conspiredd with A and once with A in a room where it is impossible to find out the head of the Gelel located in the Nam-gu, Ulsan-gu F.

(d)

On February 1, 2013, the Defendant conspiredd with A and twice in a room where it is impossible to find out the family room located in the Nam-gu, Ulsan-gu F, Ulsan-gu.

E. On April 10, 2013, at around 18:30 on April 10, 2013, the Defendant conspiredd with A and twice with a room where it is impossible to find out the head of the Gelel in Ulsan-gu F.

Accordingly, the defendant was aware that he is a spouse who was a spouse, 7 times of sexual intercourse with each other.

2. Determination

A. As to the facts charged in the instant case, the prosecutor brought a public prosecution by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) and the judgment subject to a retrial that found the Defendant guilty was finalized on February 4, 2014.

B. Accordingly, on February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, including the above applicable provisions, violates the Constitution (Supreme Court Decision 2009HunBa17, 205, 2009HunBa17, 2010HunBa4, 2011HunBa4, 257, 255, 411, 2012HunBa 139, 161, 267, 276, 342, 365, 2014HunBa5, 201HunBa31, 204HunBa44, February 26, 2015). However, if the Constitutional Court ruled that the above Article 241 of the Criminal Act becomes unconstitutional, the previous decision becomes unconstitutional on the date it becomes unconstitutional (Article 204 of the Criminal Act).

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