On January 28, 2012, the Defendant knew that he/she is a spouse of A, and even around February 3, 2014, published A and 112 times each time from the time when he/she had sexual intercourses with A, in a room where it is impossible to know that he/she was a spouse of A, from which he/she was sexual intercourses with A, from which he/she could not know about the care room of the Felel in Jindo-gu, Seocho-gu, Changwon-si.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is in violation of the Constitution (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015) (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015), and Article 241 of the Criminal Act, due to the above decision of unconstitutionality, lost its effect retroactively on October 31, 208, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008) was made in accordance with the proviso of Article 47

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, since the facts charged in this case are not a crime, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.