1. The Defendant, around 05:00 on December 19, 2013, provided that the Defendant had sexual intercourse with B one time from “Helel” located in Seongbuk-gu, Sungnam-si, Sungnam-si, Sungnam-si, with B:

2. On February 7, 2014, around 02:00, G in Sungnam-si G “I hotel” located in Sungnam-si, Sungnam-si, with a single sexual intercourse in B and one time.

Judgment

The judgment subject to a retrial was found guilty by applying Article 241(1) of the Criminal Act to the facts charged in the instant case, and the said judgment became final and conclusive on August 30, 2014.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law is unconstitutional.

(209HunBa17, etc.). In a case where the previous provisions of the Act on Punishment decided as unconstitutional pursuant to Article 47(3) of the Constitutional Court Act are found to be unconstitutional, the following day after the date when the decision is made, and the Constitutional Court declared that the above provisions of the Act do not violate the Constitution on October 30, 2008 (see, e.g., Supreme Court Decision 2007HunBa17, Oct. 31, 2008), the above provisions of the Act retroactively lose its effect on October 31, 2008.

Since the facts charged of this case’s act after the date of the above retroactive effect, the statutory provisions applied to the facts charged of this case’s unconstitutionality decision prior to the above date and retroactively lose its effect, the facts charged of this case’s cannot be deemed a crime.

Therefore, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.