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(영문) 대구지방법원 서부지원 2015.05.12 2015재고단7
간통
Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) was a person who was married with C on June 7, 1997; (b) around March 17:0, 2014, at around March 31, 2014, the Defendant was a spouse who was married with C; (c) was sent to B one time from the string room of the mutually incompetence near the Daegu Seo-gu Seo-gu Incheon Metropolitan Government, and (d) around April 1, 2014, at around April 23:00, it was sent to the said B and one time from the string room of the mutually incompetence near the Daegu Seo-gu, Seo-gu, Incheon Metropolitan Government, and (d) around April 14:00, 2014, it was sent to each other by comparing it with the said B and one time from the string room of the mutually incompet youth near the Taegu, Seomun-gu, Daegu-gu, and one another.

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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