2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on December 7, 2013.

On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, including the applicable provisions of this Act, is in violation of the Constitution (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.