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(영문) 대구지방법원 서부지원 2015.05.12 2015재고단3
간통
Text

The defendant shall be innocent.

Reasons

1. On December 29, 198, the Defendant: (a) knew that he/she was a person having a spouse who completed a marriage report with C on March 14, 2010; (b) provided that, around April 17, 2010, he/she had sexual intercourses with A and two times at the Maurel; (c) around March 14, 2010, around April 17, 2010.

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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