The defendant shall be innocent.

1. The facts charged A is a person who has been married with E on November 27, 1998, and the defendant, despite being aware that he/she is a spouse, was sexual intercourse with A and four times respectively at the same time and place as follows. A

around October 2012, the Defendant, at the house of the Defendant, F apartment 102, 901, Jinjin-gu, Jeonjin-gu, Seoul, and at the same time, had sexual intercourse with A and once.

B. On November 2012, the Defendant: (a) was parked in the apartment parking lot located in the Jinjin-gu movable property Dong at the Jeonjin-gu, Seoul; and (b) entered the Defendant’s Linti car with A and once with A.

C. On November 2012, 2012, the Defendant attended the Defendant’s house indicated in the foregoing paragraph (a) with A and once. D.

On December 8, 2012, the Defendant had sexual intercourses with A at the house of Seojin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, G 106 Do 205, A, and at the same time.

2. The prosecutor prosecuted each of the above facts charged by applying Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953); and the Constitutional Court rendered a decision that the above provisions of the Act are unconstitutional (Supreme Court Decision 2009HunBa17,205, 2010HunBa194, 201HunBa4, 2012HunBa4, 2012HunBa57, 255, 411, 2012HunBa1, 2013HunBa139, 161, 267, 276, 342, 365, 2013HunBa5, 53,464, 201HunBa531, 2014HunBa4, 2014 (merged). Thus, the above provisions of the Act retroactively lose its effect.

[However, since Article 241 of the Criminal Act (amended by Act No. 293 of Oct. 30, 2008) was decided not to violate the Constitution on Oct. 30, 2008, Article 241 of the Criminal Act (amended by Act No. 293 of Sep. 18, 1953), the above provision of the Act was invalidated retroactively on Oct. 31, 2008).