The defendant shall be innocent.

1. The summary of the facts charged was known to be a spouse of A, and around September 1, 2010, the Defendant sent 14 times to the police officer around August 2012, 2012, with the knowledge that he/she was a spouse of A, from the 3rd sexual intercourse with A and twice in the Geum-gu So-gu So-called Geumdong-gu's three-story sexual intercourse with A.

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 December 6, 2012.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law 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 (Article 47(3) of the Constitutional Court Act). Since 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, which is next day.

The facts charged of this case include acts after the base date of retroactive effect, and the applicable provisions of the facts charged of this case retroactively lost its effect according to the unconstitutionality decision above.

3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by a decision of not guilty of the defendant under the former part of Article 325 of the Criminal Procedure