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Defendants are not guilty.
Reasons
1. The summary of the facts charged was the legal spouse who completed the marriage report with D, but around March 19, 2009, Defendant A was sexual intercourse with E in the house of the upper defendant B located in Samjin-si on March 19, 2009, and was sexual intercourse four times between October 30, 2008 and March 24:00, and Defendant B was sexual intercourse with the above four times even though he was aware that he was the spouse of Defendant A.
2. The prosecutor of the judgment, applying Article 241(1) of the Criminal Act to the facts charged in this case, was prosecuted by applying Article 241(1) to the facts charged in this case, and the judgment subject to a judgment that found guilty was rendered on July 2, 2009 and became final and conclusive on July 10, 2009. On February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality as to Article 241(1) of the Criminal Act in cases such as Supreme Court Decision 2009HunBa17 Decided February 26, 2015. In a case where the penal law or the legal provision becomes retroactively null and void due to the decision of
(3) As to the facts charged in this case, it is clear that the applicable provisions of the Criminal Act to the facts charged in this case are Article 241(1) of the Criminal Act, and thus, the facts charged in this case is not a crime, and thus, it is decided as per Disposition by the former part of Article 325 of the Criminal Procedure Act that each of the defendants is acquitted under the former part of Article 325 of the Criminal Procedure Act.