The defendant is not guilty. The summary of this judgment shall be announced publicly.

1. The summary of the facts charged is a person who is a spouse on October 2, 200 after filing a marriage report with C on October 2, 200.

On June 19, 2014, the Defendant sent to the E Office located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si one-time sexual intercourse with B.

B. On June 21, 2014, the Defendant sent to the said B and once sexual intercourse in the Gelland room located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon.

In this respect, the defendant was sent to the above B twice.

2. On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) is unconstitutional.

(The Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015). In a case where a previous case was decided to be constitutional, the provisions of the law on punishment which was decided to be unconstitutional shall lose its effect retroactively on the day following the day on which the previous case was decided to be constitutional (Article 47(3) of the Constitutional Court Act). The Constitutional Court rendered a decision that the above provisions of the law do not violate the Constitution on October 30, 2008 (the Constitutional Court Order 2007Hun-Ga17, Oct. 30, 2008, etc.). Thus, the above provisions of the law shall lose its effect retroactively on October 31, 2008, which is next day.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.

(See Supreme Court Decision 2005Do8317 Decided June 28, 2007). Thus, since the facts charged in this case does not constitute a crime, the facts charged in this case constitutes a case, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly notified under Article 440 of the same Act.