Defendants are not guilty.

1. On December 25, 2008, the summary of the facts charged was the spouse of the defendant A, but the defendant A had a sexual intercourse with the defendant B once with the defendant in Gwangju City. The defendant B knew that the defendant was the spouse of the defendant A, the defendant B had a sexual intercourse with A at the same time and at the same place as above.

2. On the charge of the instant case, the prosecutor charged a public prosecution by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) with regard to the facts charged, and the judgment subject to a retrial, which was found guilty, became final and conclusive on May 22, 2009.

However, on February 26, 2015, the Constitutional Court rendered a decision that the above provision of the law is unconstitutional, which became final and conclusive after the judgment subject to review becomes final and conclusive.

(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional shall retroactively lose its effect on the day following the day on which the previous decision is made if there is a previous case which is constitutional (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 above provisions of the Act retroactively lose its effect on October 31, 2008, the following day.

The facts charged of this case include acts after the base date on which the retroactive effect is affected, and the applicable provisions of this case’s facts charged were retroactively invalidated in accordance with the decision of unconstitutionality as above.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, each of the defendants is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act.