The defendant shall be innocent.

On June 2010, the Defendant was aware that he was his spouse B, and was sexual intercourse with B and B once in a room in which it is impossible to know whether he had the care room of the Gamoto in F at Geumpo-si. On August 2010, the Defendant was sexual intercourse with B and once in a room in which it is impossible to find out the care room of the above Gamoto, and on September 2010, the Defendant was sexual intercourse with B and B three times in a room in which it is impossible to find out the care room of the above Gamoto.

Judgment

The prosecutor prosecuted the above charged facts against the defendant by applying Article 241(1) of the Criminal Act, and the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293 of September 18, 1953) was unconstitutional on February 26, 2015.

If the previous provisions of the Act on Punishment decided as unconstitutional, such provisions of the Act shall lose its effect retroactively on the day following the date on which the decision is made, while the Constitutional Court rendered a decision on October 30, 2008 that the above provisions of the Act do not violate the Constitution, and thus, the above provisions of the Act retroactively lose its effect on October 31, 2008, which is next day.

In conclusion, the facts charged in this case constitute a case where the punishment law is invalidated and it does not constitute a crime, and thus, the court acquitted the defendant pursuant to the former part of Article 325 of the