A. Defendant A is a person who is a spouse who has completed a marriage report with C on October 31, 1987.

1) On October 11, 2012, the Defendant attended B and once with B at the house located in Yongsan-gu, U.S., U.S., U.S., U.S. on October 201, 2012. (2) On November 3, 2012, the Defendant sent sexual intercourse between B and B at the house located in the above B around 22:30.

3 Around 01:00 on November 17, 2012, the Defendant sent sexual intercourse with B and once at the house above B.

In this respect, the defendant was sent to B over three times, respectively.

B. Defendant B knew that the above spouse was a person who is a spouse, and even at the same time and place as above, the above Defendant had sexual intercourses with A three times, respectively.

2. Determination

A. On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, the applicable provisions of the facts charged in this case, 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 and 464, 201Hun-Ba31, 2014Hun-Ba4, 2014Hun-Ga4, 2014Hun-Ba, which is the applicable provisions of the Act on the charged facts in this case). Article 241 of the Criminal Act, as of February 26, 2015, was retroactively invalidated on the date of 30708.

(b) In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case prosecuted by applying the relevant provisions shall be deemed to constitute a crime.

(2) As to the facts charged in this case, since the facts charged in this case did not constitute a crime, the judgment of not guilty under the former part of Article 325 of the Criminal Procedure Act shall be rendered on May 13, 2011.