The defendant shall be innocent.

1. The Defendant, at around 05:00 on November 14, 1981, 1981, committed a sexual intercourse under the pretext of marriage between the Cheongju-si, Cheongju-si, with the intention of married the complainant E at the D female located in Cheongju-si, Cheongju-si, by means of false words, such as “B is married to the unmarried male who is on the part of the military forces after graduating from the KF,” and the Defendant had sexual intercourse for about 50 times between the Y located in Cheongju-si, Cheongju-si, Do.

2. The prosecutor of the judgment applied Article 304 of the Criminal Code to institute a public prosecution against this part of the facts charged, but the Constitutional Court rendered a decision that "a person who induces a female who had not habitually had sexual intercourse by taking advantage of marriage under Article 304 of the Criminal Code to engage in sexual intercourse" in Article 304 of the Criminal Code is in violation of the Constitution. The above provision of the law is retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act, and where the provision of the penal law retroactively loses its effect, the defendant's case which was prosecuted by applying the corresponding provision of the law is not a crime.

Thus, this part of the facts charged constitutes a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.