The accused shall publicly announce the summary of the judgment of innocence.

The Defendant, who was a spouse who was reported to marry with B on November 28, 1990, was sexual intercourse over a total of eight occasions from October 4, 2009 to May 9, 2012 with D and once at the Defendant’s home of the wife population C apartment 101 Dong 202, which was the wife population C apartment 101 and 202 as of May 9, 2012.

Accordingly, the defendant was linked to the above D over eight times.

Judgment

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is unconstitutional (the Constitutional Court Order 2009Hun-Ba17, Feb. 26, 2015) and Article 241 of the Criminal Act, due to the above unconstitutionality decision, was retroactively invalidated on October 31, 2008, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008, etc.) was made pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

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 a case which does not constitute a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 201). Therefore, since the facts charged in the instant case fall under a case that does not constitute a crime, the Defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act and the summary of the judgment is publicly notified under Article 58(2) of the Criminal Act.