1. On October 13, 2012, Defendant A and Defendant A met each of the above 10 times from that time to December 2, 2012, as shown in the attached list of crimes, with a total of 10 times, from that time, in a “Eel” room located in Mapo-gu Seoul Metropolitan Government (hereinafter “Eel”).

2. Defendant B knew that the above Defendant was a spouse of the above A, and even thereafter, the Defendant got 10 times more than 10 times as prescribed in paragraph (1).

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 Order 2009Hun-Ba17, Feb. 26, 2015). As a result of the above unconstitutional decision, Article 241 of the Criminal Act was invalidated retroactively on October 31, 2008, following the date on which the previous constitutional decision was made in accordance with the proviso of Article 47(3) of the Constitutional Court Act, and the Constitutional Court’s decision of unconstitutionality, where the law or legal provision on punishment retroactively loses its validity, the case which was prosecuted by applying the relevant provision of the Act shall be applicable to the case where the defendant was not committed as a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, the Defendants are acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.