On February 13, 2014, at around 23:00, the Defendant was aware that he/she was his/her spouse, and parked in the Kim Jong-dong-dong Kim Jong-si ecological park within the DK5 car size owned by the Defendant. On February 23, 2014, the Defendant passed a single sexual intercourse with A at the same place as above, and passed a single sexual intercourse with A on April 23, 2014 at the same place as above.

2. On July 10, 2014, the Prosecutor prosecuted 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 the same day.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law is unconstitutional.

(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional shall retroactively lose its effect on the day following the day on which the previous decision is made (Article 47(3) of the Constitutional Court Act). Since the Constitutional Court rendered a decision that the above provisions of the Act do not violate the Constitution on October 30, 2008 (Article 2007Hun-Ga17, etc.). Thus, the above provisions of the Act retroactively lose its effect on October 31, 2008, which is next day.

The facts charged of this case include acts after the base date on which the retroactive effect is affected, and the applicable provisions of this case’s facts charged were retroactively invalidated in accordance with the decision of unconstitutionality as above.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by a decision of not guilty of the defendant under the former part of Article 325 of the Criminal Procedure