The defendant shall be innocent.

1. The defendant is aware that he/she is a spouse A;

A. On July 201, 201, at the “Fel” Ma in Young-gu, Suwon-si, Suwon-si, Suwon-si, one time to sexual intercourse with A;

B. On September 201, 201, the first sexual intercourse with A at the Mosingel, which is a police officer;

C. On December 201, 201, Police Officers first sexual intercourse with A over three occasions with A, respectively.

2. The prosecutor of the judgment, applying Article 241(1) of the Criminal Act to the above facts charged against the defendant, was prosecuted, and the judgment subject to the judgment that found the defendant guilty became final and conclusive on February 7, 2013.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act (amended by Act No. 293 on September 18, 1953) is unconstitutional.

(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 (Article 47(3) of the Constitutional Court Act). Since 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, which is next day.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be a crime.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the facts charged under Article 325 of the Criminal Procedure Act, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles as to the facts charged under Article 325 of the Criminal Procedure Act.