The defendant shall be innocent.

1. The summary of the facts charged is the defendant's spouse who has completed the marriage report with E on December 12, 2006, and B is the motive for membership of the same company as the defendant.

At the beginning of December 2007, around 20:00, the Defendant had a mutual incompetence near “Mamart” located in Guro-gu Seoul Metropolitan Government, and had a single sexual intercourse with the above B.

B. At around 20:00 on June 24, 2008, the Defendant sent to the “Gel” located in Gangseo-gu Seoul Metropolitan Government Fel, with the foregoing B and once sexual intercourse.

C. At around 17:30 on June 28, 2008, the Defendant, at the Gangseo-gu Seoul Metropolitan Government H “Iel” room 203, sent to the instant B one-time sexual intercourse.

2. The prosecutor of the judgment, applying Article 241(1) of the Criminal Act to the above facts charged against the defendant, was prosecuted, and the judgment subject to the judgment that found him guilty became final and conclusive on December 12, 2008.

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

[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015 [Article 47(3) of the Constitutional Court Act] Where a previous case is decided as unconstitutional, the Constitutional Court ruled that the above provision does not violate the Constitution on October 30, 2008 (Article 207Hun-Ba17, etc.).

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, e.g., Supreme Court Decision 2005Do8317, Jun. 28, 2007). 3. Conclusion, the instant facts charged constitute a crime.