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The defendant shall be innocent.
Reasons
1. The summary of the facts charged A is a person who has a legal spouse after filing a marriage report on January 20, 1975.
With knowledge that A is a legally spouse, the Defendant is:
A. On January 15, 2010, the Defendant sent to F Inn that is located in Geumnamsan on January 14:30, 201, one time of sexual intercourse with A;
B. On April 2, 2010, at H in Jung-gu Daejeon on April 15:0, 2010, the first sexual intercourse with A, and the first sexual intercourse between H in Jung-gu, Daejeon;
C. At around 14:30 on February 15, 201, the Fnives of FF with A one time sexual intercourse,
D. At around 15:00 on June 10, 201, the first sexual intercourse with the said H inn of the said H with the first sexual intercourse,
E. At around 15:00 on October 20, 201, the first sexual intercourse with the said H inn of the said H with the first sexual intercourse,
(f)on April 15, 2012, the FF FF had sexual intercourse with A on a single occasion;
G. On June 2, 2012, around 15:20, between the J Innova in Daejeon-gu, Daejeon and the first sexual intercourse with the said A;
H. At around 15:00 on August 20, 2012, the first sexual intercourse with the said H inn of the said H with the first sexual intercourse,
(i)on November 20, 2012, at Kn in Jung-gu, Daejeon on November 20, 2012, provide for the first sexual intercourse with that A;
(j) On January 18, 2013, around 14:00, Daejeon Jung-gu L Apartment No. 302 Dong 1404, 1404 came to be compared with the above A, and went to the upper end.
2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on February 26, 2014.
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 2009Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba57, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2014Hun-Ba4, 31, 2014Hun-Ba4, 207Hun-Ba1, 208, 208Hun-Ba2086, 208, 208, 208).
On the other hand, due to the decision of unconstitutionality, punishment is on punishment.