2013. Inventory 3.00

A

Defendant

Litigation (Court of Second Instance)

Gwangju District Court Decision 80 Godan404 delivered on June 13, 1980

March 25, 2014

The defendant shall be innocent.

1. Facts charged;

At around 18:00 on July 27, 1978, the Defendant, who had no certain occupation and has married with B, had a woman believed to be a victim E (the victim E (the victim 21 year old) by making a false statement, such as "a person who is married," although he had no intention to marry at the D office where the Defendant had been working in the city of 18:0 on July 27, 1978. After having sexual intercourse with a female who had no habitual behavior, the Defendant had sexual intercourse between her female and the first police officer of early September 1979, she had sexual intercourse at least 30 times with the F in the city of 1979.

2. Determination

A prosecutor was prosecuted by applying Article 304 of the Criminal Act to this part of the facts charged, but the Constitutional Court rendered a decision that "a person who had sexual intercourse by deceiving a female who is not habitually engaged in sexual intercourse under the circumstance of marriage" in Article 304 of the Criminal Act is in violation of the Constitution, and the above provision of the Act retroactively loses its effect in accordance with the proviso of Article 47 (2) of the Constitutional Court Act, and where the provision of the Punishment Act retroactively loses its effect, the defendant's case which was prosecuted by applying the relevant provision of the Act is not a crime.

Thus, this part of the facts charged constitutes a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.

Judges Kim Jin-hwan