On December 14, 2006, at around 15:32 on December 14, 2006, the Defendant was aware that he was a spouse A, and had sexual intercourses with A and once in an influence room in the personnel Dong of Jongno-gu Seoul Metropolitan Government.

2. On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, which is applicable provisions to the facts charged in this case, is unconstitutional (the Constitutional Court Order 2009Hun-Ba17, Feb. 26, 2015) was unconstitutional (the Constitutional Court Order 2009Hun-Ba17, Feb. 26, 2015), and Article 241 of the Criminal Act was retroactively invalidated on October 31, 2008, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008, etc.) was made pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

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's case which was prosecuted by applying the relevant provisions shall be limited to a case which does not constitute a crime.

In conclusion, the facts charged in this case constitute a case where the facts charged do not constitute a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment in this case is publicly announced pursuant to Article 440 of the Criminal Procedure Act and Article 58(2) of the Criminal Act.