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(영문) 수원지방법원 2016.06.03 2015재고단55
간통
Text

The defendant shall be innocent.

Reasons

1. On August 23, 2013, the summary of the facts charged: (a) the Defendant was aware that he was a spouse of A; (b) in a room where, despite being aware of the fact that he was a spouse, he did not know of the name near the Maternal Dol, the Maternal Dolll, which was in the vicinity of the Maternic Maternic Maternic Matern.

2. On July 4, 2014, the judgment subject to a retrial, which was found guilty by applying Article 241(1) of the Criminal Act to the above facts charged, became final and conclusive on the same day.

In this regard, on February 26, 2015, the Constitutional Court sentenced Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) to the effect that Article 241 of the Criminal Act is unconstitutional (see, e.g., 2009HunBa17, etc.). In a case where a previous case is decided to be constitutional, the provisions of the Act on Punishment decided to be unconstitutional shall lose its effect retroactively on the day following the date on which the previous case is decided to be constitutional (see, e.g., Article 47(3) of the Constitutional Court Act). Since the Constitutional Court made a decision that the above provisions of the Act do not violate the Constitution on October 30, 208, the said provisions of the Act shall retroactively lose its effect on October 31, 2008, respectively.

Thus, the above facts charged constitute a case that does not constitute a crime after the date of the above retroactive effect, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

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