Defendants are not guilty.

1. Facts charged;

A. Defendant A is a spouse who has completed a marriage report with C on September 21, 1996.

At around 19:00 on January 7, 2012, the Defendant sent 39 occasions, as described in the attached list of crimes, including the sex intercourse between B and B, from the building D in the area of Seongbuk-gu, Seongbuk-gu, Sungnam-si.

B. Defendant B, while being aware that the above Defendant was a spouse of the above A, had sexual intercourses with A and 39 times each time, place, as described in the separate list of crimes in attached Form A, respectively.

2. The prosecutor charged the Defendants with the charge of this case by applying Article 241 of the Criminal Act.

On February 26, 2015, the Constitutional Court decided that Article 241 of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016) violates the Constitution (amended by Act No. 13719, Feb. 26, 2015) was unconstitutional (the Constitutional Court Order 2009HunBa17, Feb. 26, 2015, etc.) and the above provision of the Act was retroactively invalidated on October 31, 2008 following the date on which the final constitutional decision (the Constitutional Court Decision 2007HunGa17, Oct. 30, 2008, etc.) was made.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant case which was decided by the application of the relevant provisions shall be deemed to be a crime.

Inasmuch as the conclusion of the judgment on May 13, 201 (see, e.g., Supreme Court Decision 2009Do9949, May 13, 201) is concluded on March 3, 201, since each of the facts charged against the Defendants constitutes a case that does not constitute a crime, the Defendants are acquitted under the former part of Article 325 of the Criminal Procedure Act, and the Defendants do not want to make a public announcement of the judgment, the summary