The defendant shall be innocent.

[Public Prosecutor's Office] The defendant is a person who has been married with C on October 25, 1989.

1. On June 20, 2012, at around 21:00, the Defendant sent to the intersection with B one time a room where it is impossible to find out the head of the Embel located in Busan Northern-gu.

2. On June 28, 2012, around 21:00, the Defendant sent to a room in which it is impossible to know the head of the above Eel. B with one sexual intercourse.

[Judgment] The prosecutor brought a public prosecution against the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the decision for a retrial that found him/her guilty was rendered and confirmed on August 28, 2014.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law is unconstitutional.

(2011Hun-Ga31, etc.). The provisions of the Act on Punishment decided as unconstitutional have retroactively lost its effect on the day following the day on which the previous decision was made (Article 47(3) of the Constitutional Court Act). 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.). As such, the above provisions of the Act retroactively lost its effect on October 31, 2008, which is next day.

The facts charged of this case include acts after the base date on which retroactive effect is effective, and the applicable provisions of the facts charged of this case have retroactively lost its effect according to the unconstitutionality decision above.

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.

(See Supreme Court Decisions 91Do2825 delivered on May 8, 1992, 2005Do8317 delivered on June 28, 2007, etc.). (See Supreme Court Decisions 91Do2825 delivered on May 8, 1992, and 2005Do8317 delivered on June 28, 2007, etc.)