Defendants are not guilty.

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with E on July 5, 1979.

On April 8, 2011, from around 19:43 to 23:00 of the same day, the Defendant provided sexual intercourse with B within the Gelel No. 805 located in Pyeongtaek-si F.

B. Defendant B knew that he is a spouse A, the Defendant had sexual intercourse with A at the time and place specified in paragraph (1).

2. The prosecutor charged a public prosecution against the above facts charged against the Defendants by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial that found the Defendants guilty became final and conclusive on September 26, 2013.

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.

(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional shall retroactively lose its effect on the day following the day on which the previous decision is made (Article 47(3) of the Constitutional Court Act). Since the Constitutional Court rendered a decision that the above provisions of the Act do not violate the Constitution on October 30, 2008 (Article 2007Hun-Ga17, etc.). Thus, the above provisions of the Act retroactively lose its effect 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.

3. The facts charged in this case constitute a case where the facts charged do not constitute a crime, and thus, a judgment of not guilty is rendered in accordance with the former part of Article 325 of the Criminal Procedure Act.