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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the defendant who has a spouse by filing a marriage report with E on February 25, 1991.
At around 19:00 on January 19, 2013, the Defendant sent to the G Telecom “Gel” room F located in Seongbuk-gu, Sungnam-si, Sungnam-si, with B one-time sexual intercourse.
2. Determination:
A. The prosecutor, applying Article 241(1) of the Criminal Act to the facts charged in the instant case, brought a public prosecution by applying Article 241(1) to the facts charged, and the judgment subject to a retrial was pronounced guilty, which became final and conclusive on October 5
B. On February 26, 2015, the Constitutional Court rendered on February 26, 2015, after the judgment subject to review became final and conclusive.
[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015 [Article 47(3) of the Constitutional Court Act] Where a previous case is decided as unconstitutional, the Constitutional Court rendered a decision that the above provision does not violate the Constitution on October 30, 2008 (Article 207Hun-Ba17).
(c) Where the provisions of the penal provisions retroactively lose their validity 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 Supreme Court Decision 2005Do8317 Decided June 28, 2007, etc.). The facts charged in this case include acts after the base date of retroactive effect. As such, the applicable provisions of the facts charged in this case were retroactively invalidated according to the decision of unconstitutionality as seen earlier.
3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.