On November 23, 2010, the Defendant, at the 6nd road of the Suyang-si, Goyang-si, Goyang-si, U.S., Goyang-si, Dayang-si, Yandong-si, sent to the Defendant with sexual intercourse with A and once in E-Wz vehicles owned by the Defendant.

2. The prosecutor charged a public prosecution against the above facts charged against the Defendant by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial that found the Defendant guilty became final and conclusive on August 31, 2012.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional.

[Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba4, 57, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 201Hun-Ba31, 2014Hun-Ba4, 2014Hun-Ba4, which is decided as unconstitutional, shall lose its effect retroactively on the day following the date on which the previous decision is made.

(See Article 47(3) of the Constitutional Court Act. As regards Article 241 of the Criminal Act, the Constitutional Court has sentenced the constitutionality on October 30, 2008 (see Constitutional Court Order 2007HunGa17,21, 2008HunBa17, 2008HunBa21, 207, October 30, 2008). Thus, the above provision was retroactively invalidated on October 31, 2008, following the date on which the constitutionality is constitutional.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.

(see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007). Thus, the above facts charged constitute an act that affects the above retroactive effect and does not constitute a crime after the base date, and thus, is acquitted of this part of the facts charged pursuant to the former part of Article 325 of the Criminal Procedure Act.