Defendants are not guilty.

1. The summary of the facts charged of the instant case is a person who has been married with C on January 3, 2007, and around 16:30 on July 3, 2014, at the Eel 105 room located in Ulsan-gu, Ulsan-gu, Seoul-do, and one time of sexual intercourse with B. Defendant B, even though he was aware that he was a spouse of Defendant A, was sexual intercourse with A at the above time and at the above place.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241(1) of the Criminal Act, which is a penal provision on the facts charged in the instant case, and Article 241(2) of the Criminal Act, which is a provision on the conditions of prosecution, violates the Constitution (Supreme Court Decision 2009Hun-Ba17,205, 2010Hun-Ba194, February 26, 2015; 2011Hun-Ba4, 2012, 57, 255 and 411, 2012Hun-Ba57, 2015, 2013Hun-Ba139, 161, 267, 276, 342 and 365, 2014Hun-Ba53 and 464, 2011Hun-Ba31, 2014Hun-Ga4, 2014 (Joint))).