The judgment of the court below is reversed.

The defendant shall be innocent.

1. Although the summary of the grounds for appeal did not have any duplicates with A, the court below found the defendant guilty. Thus, the court below erred by misapprehending the facts.

2. Before the judgment on the grounds of appeal on the grounds of appeal, we examine ex officio prior to the judgment, and on February 26, 2015, Article 241 of the Criminal Act, which was decided as unconstitutional by the Constitutional Court on February 26, 2015, which was applied by the Prosecutor to the Defendant, became null and void retroactively. Thus, the judgment of the court below

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of misunderstanding of facts, and it is again decided as follows.

【Discretionary Judgment】

1. The summary of the facts charged is that between April 2012 and July 2012, the Defendant was sexual intercourse with A and five times with his/her spouse who reported marriage with E on November 5, 2004 at the Defendant’s home.

2. We examine the judgment, and the facts charged in this case are crimes falling under Article 241 of the Criminal Act, and as seen above, the above provision was retroactively invalidated.

Therefore, since the facts charged in this case constitute a crime, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.