The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal was consistent with the intention of divorce between the Defendant and C at the time when the Defendant had sexual intercourse with E, and thereafter, a divorce conciliation was established which includes the purport that the Defendant and C shall not be held liable for any civil or criminal liability arising out of the two-way adultery during marriage between the Defendant and C. As such, the instant indictment is null and void as a prosecution instituted based on an illegal complaint.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Ex officio determination

A. The summary of the facts charged is a person who has been married with C on July 5, 2007.

around May 2013, the Defendant sent to E one-time sexual intercourse from the mutual incompetence in Daegu Suwon-gu D.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in its judgment.

C. On February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241 of the Criminal Act, which is the applicable provisions of the facts charged in this case, in the case including 2009HunBa17, etc.

In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). As such, the judgment of the court below which found the defendant guilty of the above facts charged by applying Article 241 of the Criminal Act was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the ground of appeal, and it is again decided as follows through pleading.

The summary of the facts charged in the instant case against the Defendant is as follows.

(b).