The defendant shall be innocent.

1. On June 1, 2009, at around 01:15, the Defendant, despite being aware of the fact that he/she was a spouse of Gael F in Daegu-gu, Daegu-gu, the Defendant was sexual intercourse with the above A and her once.

2. On January 15, 2010, the judgment subject to a retrial, which was found guilty by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) to the above facts charged, became final and conclusive on the same day.

On February 26, 2015, the Constitutional Court declared on February 26, 2015 that the above provision is unconstitutional.

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

Thus, the above facts charged constitute a case that does not constitute a crime after the date of the above retroactive effect, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.