The defendant shall be innocent.

The summary of the facts charged is that the defendant is a spouse who has completed a marriage report with C on October 1, 2007.

1. Around March 21, 2012, the Defendant provided a single sexual intercourse with B and one time at a Mosing room where the trade name and heading room near the upper salary terminal in Jung-gu, Seoul, Jung-gu, Seoul cannot be known.

2. Around 21:00 on March 16, 2012, the Defendant provided her sexual intercourse with B and one time at a Mosing room where the trade name and heading room near the upper salary terminal in the Jung-gu, Seoul Metropolitan Government.

3. On April 9, 2012, around 12:30 on April 9, 2012, the Defendant sent sexual intercourse with B and once in the telecom room where the trade name and defense room near the Gangseo-gu Office of Gangseo-gu Seoul Metropolitan Government is unknown.

4. On April 14, 2012, around 23:30, the Defendant taught B with B and once in a telecom where the trade name and protective room near the Gero 5 subway of Gangseo-gu Seoul Metropolitan Government is unknown.

5. Around 13:00 on April 22, 2012, the Defendant provided sexual intercourse with B and once in the telecom room where the trade name and defense room near Gangseo-gu, Gangseo-gu, Seoul is unknown.

In this respect, the defendant was sent to the above B over five times.

Judgment

1. The prosecutor brought a public prosecution against the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial that found him guilty became final and conclusive on October 26, 2012.

2. However, on February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional.

[The Constitutional Court Decision 209Hun-Ba17205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba572541, 2013Hun-Ba1391267276365, 2014Hun-Ba53464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, decided as unconstitutional [201Hun-Ba] Where a case was previously decided as constitutional with respect to legal provisions, the provisions of the Punishment Act, which became unconstitutional, becomes retroactively void on the day following the date on which the decision is made.

(Article 47 (3) of the Constitutional Court Act. Article 241 of the Criminal Act has been declared by the Constitutional Court on October 30, 2008.