A. On March 1, 2009, at a room where it is impossible to find out the heading room of the Eelel located in Daegu-gu, Seogu, 2009, A and once sexual intercourse;

B. On August 2009, F apartment 108, 801, F apartment 108, A and 1 other sexual intercourse;

C. On November 2009, F apartment 108, 801, F apartment 108, A and 1 other sexual intercourses with A;

D. On January 9, 2010, around 05:00, Kimcheon-si F apartment 108 Dong 801 and one time sexual intercourse with A.

In this respect, the defendant was 4 times between A and A.

2. Determination

A. The prosecutor, applying Article 241(1) of the Criminal Act to the facts charged in the instant case, brought a public prosecution by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, was rendered on May 11, 201

B. However, on February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the above Criminal Act is unconstitutional (the Constitutional Court Decision 2009HunBa17, Feb. 26, 2015, etc.) (the Constitutional Court Decision 2009HunBa17, etc.). Accordingly, the above provision was retroactively invalidated on October 31, 2008, following the date when the previous decision of constitutionality (the Constitutional Court Decision 2007HunBa17, Oct. 30, 2008, etc.) was made pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

C. Meanwhile, in a case where the provisions of the Punishment Act retroactively lose its effect due to the Constitutional Court’s decision of unconstitutionality, the defendant’s case prosecuted by applying the pertinent provisions constitutes a case where the defendant’s case is not a crime.

3. As to the facts charged in this case, since the facts charged do not constitute a crime, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, on May 13, 2011.

(However, the summary of the judgment of innocence shall not be disclosed pursuant to the proviso of Article 440 of the Criminal Procedure Act).