The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant, who completed a marriage report with D on December 3, 2004, was a spouse; around April 2013, the Defendant sent to B and once sexual intercourse from the F Studio underground room in Chungcheongnam-si, Chungcheongnam-si; and around July 17, 2013, the Defendant sent to B and once sexual intercourse at the same place as the foregoing paragraph (a).

Accordingly, the defendant had sexual intercourses with B over twice.

2. The prosecutor charged a public prosecution against the facts charged in the instant case by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953); and the judgment subject to a retrial that found the Defendant guilty was rendered final and conclusive on May 3, 2014.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law 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.

The facts charged of this case include acts after the base date on which the retroactive effect is affected, and the applicable provisions of this case’s facts charged were retroactively invalidated in accordance with the decision of unconstitutionality as above.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence against the defendant pursuant to Article 440 of the same Act shall be published