A. Defendant A is a spouse who has completed a marriage report with C around April 29, 2007.

At around 19:00 on October 24, 2012, the Defendant had a b and a single sexual intercourse with B in a room where it is impossible to find out the trade name in the Busan Eastdong-gu hot spring.

B. Defendant B knew that the above spouse was a spouse, and even at the same time and place as the above, the Defendant had sexual intercourse with A once, as seen in the foregoing paragraph.

2. On February 26, 2015, the Constitutional Court decided that Article 241 of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016) violates the Constitution (amended by Act No. 13719, Feb. 26, 2015) was unconstitutional (the Constitutional Court Decision 2009HunBa17, Feb. 26, 2015). In accordance with the proviso to Article 47(3) of the Constitutional Court Act, the above Article of the Act was retroactively invalidated on October 31, 2008, following the date on which the final constitutional decision (the Constitutional Court Decision 2007HunBa17, Oct. 30, 2008, etc.) was made.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant case which was decided by the application of the relevant provisions shall be deemed to be a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, the aforementioned charged facts shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.