The defendant shall be innocent.

1. The summary of the facts charged was a person who was married to E on December 27, 1979 and was married to E on July 22, 2010, and who was unable to know the care room of the Maurel near the Daegu Northern-gu, Daegu, the Defendant sent it to B with one sexual intercourse on July 22, 2010.

2. The prosecutor charged a public prosecution with regard to the above facts charged by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sep. 18, 1953; Act No. 13719, Jan. 6, 2016; Act No. 13719, Apr. 30, 201).

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293 on September 18, 1953) is unconstitutional.

(2011Hun-Ga31, etc.). Meanwhile, in a case where the previous provisions of the Act on Punishment decided as unconstitutional have been ruled constitutional, the provisions of the Act on Punishment lose its effect retroactively on the day following the date on which the decision was made (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 said provisions of the Act became retroactively null and void on October 31, 2008, which is next day

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.