The defendant shall be innocent.

1. The summary of the facts charged is that the defendant is a spouse of A, and he/she is aware that he/she had his/her spouse, from around April 2011,

6. By October, 198, the sexual intercourses A and seven times were made.

2. Determination

A. On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) is unconstitutional.

(2011Hun-Ga31). (b)

The provisions of the law on punishment decided as unconstitutional shall lose its effect retroactively to the day following the date on which the previous decision is made (Article 47(3) of the Constitutional Court Act). Since the Constitutional Court declared on October 30, 2008 that the above provisions of the law do not violate the Constitution (Article 2007Hun-Ga17, etc.), the above provisions of the law were retroactively invalidated on October 31, 2008, which is next day.

(c) Where the provisions of the penal provisions retroactively lose their validity due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be deemed to constitute a crime.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the facts charged in this case’s indictment, and by misapprehending the legal principles as to the facts charged in this case’s indictment. Thus, the court below did not err by misapprehending the legal principles as to the facts charged in this case’s indictment.