The defendant shall be innocent.

1. The Defendant is a person who has a spouse who reported marriage with B on April 19, 195.

around November 1, 2008, the Defendant, along with C and once sexual intercourses at a place of not more than Seoul, around November 1, 2008, and from that time, passed between C and C over 12 occasions, such as the list of crimes, from January 16, 2010.

2. Determination and conclusion on February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) is unconstitutional.

(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional shall retroactively lose its effect on the day following the day on which the previous decision is made if there is a previous case which is constitutional (Article 47(3) of the Constitutional Court Act). The Constitutional Court rendered a decision that the above provisions of the Act do not violate the Constitution on October 30, 2008 (Article 2007Hun-Ga17, etc.). Thus, the above provisions of the Act retroactively lose its effect on October 31, 2008, the following day.

Therefore, since each of the facts charged in this case constitutes a case that does not constitute a crime, it is not guilty under the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.