The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around March 13, 2014, the Defendant sent the summary of the facts charged to the Defendant, i.e., sexual intercourse with A, who is a spouse at the Hfreeel’s care room located in G in the Hasan-si.

2. On October 9, 2014, the Prosecutor brought a prosecution against 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 the same day.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act 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] The Constitutional Court Decision 201Hun-Ba (see Article 47(3) of the Constitutional Court Act), which retroactively loses its effect on the day following the date on which the previous decision was made (see Article 241 of the Criminal Act). Thus, the Constitutional Court Decision 2008Hun-Ba107, 308,207.

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 Decisions 91Do2825 delivered on May 8, 1992, 2005Do8317 delivered on June 28, 2007, etc.). 3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the facts charged in this case do not constitute a crime. Thus, since the facts charged in this case constitute a case, it is not guilty under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence against the defendant under Article 440 of the same Act.