The defendant shall be innocent.

1. The summary of the facts charged is a person who has been married with C on November 5, 1990. A. The defendant is a person who has been married with C.

On December 2, 2008, the Defendant sent sexual intercourse with B one time at the mutual incompetence in Seoul Jung-gu, Jung-gu.

B. At the end of December 2008, the Defendant sent sexual intercourse with B and once at the mutually incompetence near the Masan-dong, Dongdaemun-gu, Seoul.

C. Around January 2009, the Defendant provided a single sexual intercourse with B and Etecom located in Gwangjin-gu Seoul Special Metropolitan City D.

Around February 2009, the Defendant sent sexual intercourse with B and once at the above Eel.

E. Around April 2009, the Defendant sent sexual intercourse with B at the above Eel.

Accordingly, the Defendant was sent to each of the above B over five occasions.

2. On October 23, 2009, the judgment subject to a retrial, which was found guilty by applying Article 241(1) of the Criminal Act to each of the above facts charged, became final and conclusive on the same day.

However, on February 26, 2015, the Constitutional Court declared that the above provision of the law is unconstitutional (2009HunBa17, etc.). In the case where the previous provision of the law on punishment decided as unconstitutional pursuant to Article 47 (3) of the Constitutional Court Act is constitutional, the provision of the law on punishment becomes retroactively effective on the day following the date on which the decision is made, and the Constitutional Court declared that the above provision of the law on October 30, 2008 is not unconstitutional (2007Hun-Ga17, etc.). Accordingly, the above provision of the law was retroactively invalidated on October 31, 2008 following the date on which the above decision is made.

Thus, each of the above facts charged constitutes a case where the above retroactive effect does not constitute a crime after the base date, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.