The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Around July 17, 2011, the summary of the facts charged was known to be a spouse of C, and the Defendant conspiredd with C once with C at a small room of Changwon-si, Changwon-si B apartment 902, Changwon-si, Changwon-si, Seoul, with a single gender.

2. The prosecutor charged a public prosecution against the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial, which was found guilty, became final and conclusive on April 18, 2013.

In this regard, on February 26, 2015, the Constitutional Court sentenced Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) to the effect that it is unconstitutional (the Constitutional Court 2009HunBa17,205; 194; 2011HunBa4; 57, 255, 411; 139, 161; 267, 276, 364, 2014; 207HunBa4, 30, 207, 207, 208, 200, 30, 207, 200, 30, 200, 200, 30, 200, 20, 207, 30, 201, 31, and 204, 2014).

In a case where the penal law or a legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime not committed (see Supreme Court Decision 2005Do8317, Jun. 28, 2007, etc.). 3. Accordingly, since the facts charged in this case are not committed as a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this decision is publicly announced pursuant to Article 440 of the Criminal Procedure Act, and it is so decided as per Disposition.