On January 14, 2014, the Defendant, at the house of Namyang-si, C and D, 303, went through a single sexual intercourse with D.

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.

(See Supreme Court Decision 2009Do9949 Decided May 13, 201, etc.). 3. According to the conclusion of the judgment, the facts charged in this case constitute a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.