The defendant shall be innocent.

1. On October 25, 1997, the Defendant was aware that he was a spouse who has completed a marriage report with E on October 25, 1997, and was sexual intercourse with A and six times respectively at the following time and place.

On October 201, 201, the Defendant took her sexual intercourse with A at the Monael where it is difficult to know the trade name in the Goyang-gu Goyang-gu, Goyang-gu.

B. A around December 10, 201, the Defendant provided a single sexual intercourse with a mother telecom, where it is difficult to know the trade name in the Goyang-gu, Gyeyang-gu.

C. A around February 14, 2012, the Defendant, at the “G” operated by Goyang-gu F, Gyeyang-gu, Goyang-gu. D.

On February 22, 2012, the Defendant sent sexual intercourse with A and once at the Monael where it is difficult to know the trade name in the Goyang-gu, Soyang-gu.

E. On April 14, 2012, the Defendant sent a single sexual intercourse with A around the foregoing “G”.

F. On April 25, 2012, the Defendant sent sexual intercourse with A and once at a place where the location is unknown.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is unconstitutional (see, e.g., Constitutional Court Decision 2009HunBa17, Feb. 26, 2015). As a result, Article 241 of the Criminal Act, due to the said decision of unconstitutionality, lost its effect retroactively on October 31, 2008, following the date on which the previous decision of constitutionality was made pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.

(See Supreme Court Decision 2005Do8317, Jun. 28, 2007). Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, a defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.