With knowledge that the Defendant is a spouse of A, around 03:0 on February 7, 2010, at around 03:00, the Defendant 303 Dong 304, the house in Kim Jong-si, Kim Jong-si, had a single sexual intercourse with A, and had a single sexual intercourse with A around 02:0 on March 16, 2010.

2. The prosecutor charged a public prosecution by applying Article 241(1) of the Criminal Act to the facts charged in the instant case, and the judgment subject to a retrial, which found the Defendant guilty, was sentenced on July 13, 2010, and became final and conclusive on July 21, 2010.

On February 26, 2015, after the decision for review becomes final and conclusive, the Constitutional Court decided that the above provision of the law is unconstitutional (see, e.g., Constitutional Court Decision 2011HunGa31, etc.), and if the previous provision of the law of a punishment decided to be unconstitutional, it becomes retroactively effective on the day following the date on which the decision is made (Article 47(3) of the Constitutional Court Act). Since the Constitutional Court decided that the above provision of the law of October 30, 2008 is not unconstitutional (see, e.g., Constitutional Court Decision 2007HunGa17).

The facts charged of this case include acts after the base date on which retroactive effect is effective, and the applicable provisions of the facts charged of this case have retroactively lost its effect according to the unconstitutionality decision above.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by a decision of not guilty of the defendant under the former part of Article 325 of the Criminal Procedure