The defendant is innocent.

1. The summary of the facts charged was known that the Defendant was a spouse of A, and the Defendant had sexual intercourses with A and 52 times as shown in the attached table of sight, respectively.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) which is the applicable provisions of the facts charged in this case is in violation of the Constitution (Supreme Court Order 2009HunBa17, Feb. 26, 2015) (the Constitutional Court Order 2009HunBa17, Oct. 31, 2008) was unconstitutional pursuant to the proviso of Article 47(3) of the Constitutional Court Act (the Constitutional Court Order 201HunBa17, Oct. 30, 2008).

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.

(2) As to the facts charged in this case, the lower court acquitted the Defendant under the former part of Article 325 of the Criminal Procedure Act, on May 13, 2011 (see, e.g., Supreme Court Decision 2009Do949, May 13, 201).