Defendants are innocent.

1. On December 13, 2012, Defendant B was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on December 13, 2012, and the said judgment became final and conclusive on February 5, 2013.

1. Defendant B is a person who is a spouse who has completed a marriage report with F on April 3, 1999.

On July 29, 2011, the Defendant, at the residence of the Defendant, who was located in Suwon-si G Apartment B 1802, Suwon-si, Suwon-si, G Apartment B, 1802, was sent to the Defendant with a single sexual intercourse with A.

2. The Defendant knew that he was a spouse B, and even at the same time and place as that of the above paragraph (1), the Defendant conspiredd with B once with B, as seen above.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) which is the applicable provisions of the facts charged in this case is in violation of the Constitution (Supreme Court Order 2009HunBa17, Feb. 26, 2015) (the Constitutional Court Order 2009HunBa17, Oct. 31, 2008) was unconstitutional pursuant to the proviso of Article 47(3) of the Constitutional Court Act (the Constitutional Court Order 201HunBa17, Oct. 30, 2008).

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, since the facts charged in this case are not a crime, the Defendants are acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.