The defendant shall be innocent.

1. The Defendant, on December 29, 198, was a spouse who completed a marriage report with C on December 29, 1988, but, around March 14, 2010, was sent to B with one sexual intercourse at the Eel (former “Fel”) located in Daegu-gu, Seogu, Daegu-gu, with B once, and passed between B and B on April 17, 2010.

2. The prosecutor, applying Article 241(1) of the Criminal Act to the above charged facts, was prosecuted, and the Constitutional Court rendered a decision that the above provision of the Criminal Act is unconstitutional (the Constitutional Court Decision 2009HunBa17,205, 2010HunBa194, 2010HunBa194, 2011HunBa4, 2012HunBa57, 255, 411, 2013HunBa139, 161, 267, 267, 276, 342, 365, 2014HunBa53, 464, 2011HunBa4, 2014HunBa4, 2014HunBa4, 31, 2014HunBa4, which is retroactively null and void.

[However, since Article 241 of the Criminal Act (amended by Act No. 293 of Oct. 30, 2008) was decided not to violate the Constitution on Oct. 30, 2008, Article 241 of the Criminal Act (amended by Act No. 293 of Sep. 18, 1953), the above provision of the Act was invalidated retroactively on Oct. 31, 2008).