The defendant shall be innocent.

1. The facts charged A is a person who has completed a marriage report with V on April 15, 99.

The Defendant knew that he is a spouse of A, and even at the same time and place as the following, sent to A three times with sexual intercourses. A.

On March 1, 2010, the Defendant had sexual intercourse with A in Mapo-gu Seoul Metropolitan Government 1101 at the lower end of March 201.

B. On October 201, 201, the Defendant provided a sexual intercourse with A in Yongsan-gu Seoul Metropolitan Government M apartment 402, Yongsan-gu, Seoul, with a single sexual intercourse.

C. On March 2012, 2012, the Defendant provided a sexual intercourse with A in Yongsan-gu Seoul Metropolitan Government M apartment 402.

2. The prosecutor prosecuted each of the above facts charged by applying Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953); and the Constitutional Court rendered a decision that the above provisions of the Act are unconstitutional (Supreme Court Decision 2009HunBa17,205, 2010HunBa194, 201HunBa4, 2012HunBa4, 2012HunBa57, 255, 411, 2012HunBa1, 2013HunBa139, 161, 267, 276, 342, 365, 2013HunBa5, 53,464, 201HunBa531, 2014HunBa4, 2014 (merged). Thus, the above provisions of the Act retroactively lose its effect.

[However, since Article 241 of the Criminal Act (amended by Act No. 293 of Oct. 30, 2008) was decided not to violate the Constitution on Oct. 30, 2008, Article 241 of the Criminal Act (amended by Act No. 293 of Sep. 18, 1953), the above provision of the Act was invalidated retroactively on Oct. 31, 2008).