The defendant shall be innocent.

The Defendant did not have access to the facts charged at the time and place, and Article 241 of the Criminal Act, which is the applicable provisions for the facts charged of this case, was unconstitutional by the Constitutional Court, and thus, the Defendant is innocent.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles that affected the judgment.

Judgment

Of the defendant's arguments, the part concerning the decision of unconstitutionality under Article 241 of the Criminal Act is first examined.

In the case on February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions of the facts charged in this case, in the case of 2009HunBa17 (Joint) Decided February 26, 2015. In the case where the law or the legal provisions on punishment retroactively become invalid due to the decision of unconstitutionality, the defendant's case which

(see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). Therefore, the judgment of the court below which found the defendant guilty by applying Article 241 of the Criminal Act cannot be maintained any more, and the defendant's assertion pointing this out is with merit.

(1) The court below's decision is reversed and the defendant's acquittal is recognized as not guilty, as seen below on the ground that the defendant's assertion on this part of the defendant's assertion is justified. Thus, since the defendant's appeal is well-grounded, the part of the judgment of the court below among the judgment of the court below is reversed and it is again decided as follows after pleading.

【Discretionary Judgment】

1. The summary of the facts charged is aware that A is married and is a spouse.

A. On March 29, 2014, at the “Grato” located in the “Grato City”F on July 29, 2014, he/she talks with A one time with H located in the preceding week of the same day;

B. On March 30, 2014, the above H provided a single sexual intercourse with the said A.

This is the defendant.