Of the facts charged in the instant case, paragraphs (2) through (3) of the attached list of crimes.

The defendant is a person who completed a marriage report with D on November 28, 1991.

On November 23, 2007, the Defendant sent to a room where it is impossible to find out the Felel E located in Daegu-gu, Daegu-gu, by comparing B with one another.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes concerning the content of the neons message;

1. Article 241 of the Criminal Act (before the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015; 2009Hun-Ba17, etc. is declared unconstitutional and becomes void retroactively as of October 31, 2008) concerning the crime;

1. Four months of imprisonment to be suspended;

1. Of the facts charged in this case against the Defendant, the part of not-guilty portion of Article 59(1) of the Criminal Code (the first offense, and the effect of the Constitutional Court’s decision of unconstitutionality before October 31, 2008 was not retroactive, and thus, was inevitably punished for the crime before the above date, and the circumstances leading to the Defendant’s crime in this case, etc.) of the suspended sentence, among the facts charged in this case, it is deemed that the Defendant’s sexual intercourse with B over nine times from July 8, 2009 to October 9, 209, as shown in paragraphs (2) to (10) of the attached List of Crimes.

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) and Article 241 of the Criminal Act, due to the above unconstitutionality decision, became invalid retroactively 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.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, among the facts charged in the instant case, the crime committed after October 31, 2008.