The accused shall announce the summary of the judgment of innocence.

1. The summary of the facts charged reveals that the Defendant was a spouse of A, and even around February 2006, around 105 Dong-dong 205, and around February 21, 2008, around 19:30 on July 21, 2008, in a room in which it is impossible to identify the 2nd floor of the Felel E in Sacheon-si, Sacheon-si, the Defendant conspiredd with A one another, respectively.

2. Determination

A. The prosecutor prosecuted the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on April 3, 2009.

B. The Constitutional Court, on February 26, 2015, Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) in the case, including the BaBa17, 2009, violates the Constitution.

“The decision was pronounced, and on October 30, 2008, rendered a decision that the above provision does not violate the Constitution (2007Hun-Ga17, etc.). Thus, the above provision of the law was retroactively invalidated on October 31, 2008, which is the next day (see Article 47(3) of the Constitutional Court Act).

The facts charged in this case were finalized after the date of retroactive effect, and in a case where the law or legal provision on punishment becomes retroactively null and void due to the decision of unconstitutionality, it shall be deemed that the defendant's case prosecuted by applying the pertinent provision constitutes a case that does not constitute a crime.

3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is published pursuant to the main sentence of Article 440 of the Criminal Procedure Act.