The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of the facts charged and the judgment of the court below

A. Around October 30, 2013, around 21:00 on October 30, 2013, the Defendant, knowing that he/she is a spouse of A in the residence of Namyang-si D and 103 210 dong 210, was sexual intercourse with A and 1).

B. The lower court found the Defendant guilty of all the facts charged in the instant case, and sentenced the Defendant to eight months of imprisonment, and appealed by the Defendant.

2. Ex officio determination: (a) on February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, the applicable provisions of the facts charged in the instant case, violates the Constitution (the Constitutional Court Decision 2009HunBa17, 205, 2010HunBa194, 201HunBa4, 2011HunBa4, 2012HunBa57, 255, 411, 2013HunBa139, 161, 267, 276, 276, 342, 365, 2014HunBa53, 464, 201HunBa531, 2014HunBa4, 2014HunBa4, 207, 308, 207.)

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a case where the defendant's case is not a crime (see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). Ultimately, the facts charged in this case constitute a case where the facts charged in this case are not a crime and thus should be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, so the judgment below

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

【Discretionary Judgment】

1. Summary of the facts charged

1.(a)

same as the entry in the subsection.

2...