The defendant shall be innocent.

1. The summary of the facts charged was known to the Defendant that he/she was his/her spouse, and even during six times from March 3, 2011 to May 23, 2011, the Defendant was aware that he/she was his/her spouse.

2. The prosecutor charged a public prosecution by applying Article 241(2) of the Criminal Act to the facts charged in the instant case, and the judgment subject to a retrial, which was found guilty, became final and conclusive on January 4, 2014.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional.

[Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba4, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ba4, which is decided as unconstitutional, is retroactively invalidated on the day following the date on which the decision is made. Where a previous legal provision becomes unconstitutional, it becomes retroactively void.

(See Article 47(3) of the Constitutional Court Act. As regards Article 241 of the Criminal Act, the Constitutional Court has sentenced the constitutionality on October 30, 2008 (see Constitutional Court Order 2007HunGa17,21, 2008HunBa17, 2008HunBa21, 47, October 31, 2008), the above provision was retroactively invalidated on October 31, 2008, following the date on which the constitutionality is constitutional.

In a case where the provisions of punishment law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall not be a crime.

3. Conclusion, the facts charged in the instant case constitute a crime not committed.

Innocence shall be pronounced under the former part of Article 325 of the Criminal Procedure Act.