Defendants are not guilty

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with C on September 1, 1999.

On October 2010, the Defendant sent back to B from the house located in Daegu Suwon-gu D, 2010, with sexual intercourse one time with B.

B. Defendant B knew that the above spouse was a person who was a spouse, and had sexual intercourse with A one time at the time and place described in paragraph (1), as described in paragraph (1).

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) which is the applicable provisions of the facts charged in this case is in violation of the Constitution (Supreme Court Order 2009HunBa17, Feb. 26, 2015) (the Constitutional Court Order 2009HunBa17, Oct. 31, 2008) was unconstitutional pursuant to the proviso of Article 47(3) of the Constitutional Court Act (the Constitutional Court Order 201HunBa17, Oct. 30, 2008).

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's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.

(2) As to the facts charged in this case, each of the Defendants is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act, since all of the facts charged in this case are not a crime, it constitutes a case where the facts charged in this case are not committed as a crime.