On May 13, 2012, around 01:30 on May 13, 2012, the Defendant sent to the parking lot E for the Human Resources Development Institute located in the Geumdong-gu, Busan.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, the applicable provisions of the charged facts of this case, is unconstitutional.

[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464 (merged), 201Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4 (Consolidated)) decided on February 26, 201] As a result of the decision of unconstitutionality, Article 241 of the Criminal Act is constitutional [The Constitutional Court Decision 2007Hun-Ga17 (Consolidated, October 30, 208] of the Constitutional Court Act, and retroactively invalidated its effect on October 31, 2008.

Where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case where it does not constitute a crime.

Therefore, the facts charged in this case constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.