At around 18:00 on January 31, 2012, the Defendant sent back with B one-time sexual intercourse from a room where it is impossible to find out the heading room of “G” located in the Nam-gu Incheon Metropolitan City.

B. At around 21:00 on February 15, 2012, the Defendant sent the above B and once sexual intercourse in a room where it is impossible to know the family room of the above hotel.

2. The prosecutor charged a public prosecution against the facts charged in the instant case by applying the latter part of Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on April 10, 2013.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional (the Constitutional Court Decision 2009Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba57, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2014Hun-Ba4, 31, 2014Hun-Ba4, 207Hun-Ba1, 208, 208Hun-Ba2086, 208, 208, 208).

On the other hand, where the provisions of the Punishment Act retroactively lose its effect due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be deemed to constitute a crime.

(see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007). 3. As such, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.