The defendant shall be innocent.

The facts charged A is a spouse who has completed a marriage report with D on March 2, 2007, and the defendant was aware that he/she is a spouse.

1. On April 17, 2014, the Defendant, at around 20:00 on April 17, 2014, had sexual intercourse with A in a room where it is impossible to identify the care room of “Fel E” in Busan Metropolitan City.

2. On June 18, 2014, around 20:00 on June 18, 2014, the Defendant provided a single sexual intercourse with A with the vehicle near the Daegu-gu University, Daegu-gu, Pyeongdong, Busan-dong.

3. On August 28, 2014, the Defendant, at around 21:00 on August 28, 2014, provided that, around August 28, 2014, the Defendant had sexual intercourse with A one time with a room in which it is impossible to identify the said “Fel” room.

On December 24, 2014, the judgment subject to a retrial was affirmed by applying Article 241(1) of the Criminal Act to the facts charged in this case, and the judgment became final and conclusive on December 24, 2014.

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 law on punishment decided as unconstitutional pursuant to Article 47(3) of the Constitutional Court Act, if there are cases previously decided as unconstitutional, shall retroactively lose its effect on the day following the date on which the decision is made. Since the Constitutional Court rendered a decision on October 30, 2008 that the above provisions of the law do not violate the Constitution (see, e.g., Supreme Court Decision 2007Hun-Ga17, Oct. 31, 2008), the above provisions of the law were retroactively invalidated.

The facts charged of this case include acts after the date on which the retroactive effect takes effect as above. Since the provisions applied to the facts charged of this case in accordance with the decision of unconstitutionality as above have become retroactively null and void, the facts charged of this case does not constitute a crime.

Therefore, since the facts charged in this case are not a crime, it is decided as per Disposition by the decision of not guilty of the defendant pursuant to the former part of Article 325 of the Criminal Procedure Act.