The defendant shall be innocent.

Punishment of the crime

1. The summary of the facts charged is that, even though the Defendant knew that he/she was a spouse of A, he/she had a sexual intercourse with A around September 24, 2013 at the guest room of Quamo, Qua, located in Qua, M on September 7, 2013, around 300.

2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying the latter part of Article 241 of the Criminal Act, and the judgment subject to a retrial, which found guilty, became final and conclusive on November 19, 2014.

On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, including the applicable provisions of this Act, is in violation of the Constitution (the Constitutional Court Decision 2009Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba57, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2014Hun-Ba4, 31, 2014Hun-Ba4, 207Hun-Ba1, 208, 208Hun-Ba2086, 208, 208, 208).

On the other hand, where the provisions of the Punishment Act retroactively lose its effect due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be deemed to constitute a crime.

(see, e.g., Supreme Court Decisions 91Do2825, May 8, 1992; 2005Do8317, Jun. 28, 2007). 3. As such, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act.