The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and eighty hours of community service) is too unreasonable;

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Constitution, which applies to the facts charged in this case against the defendant, is unconstitutional.

(2011Hun-Ga31). In a case where the law or legal provision on punishment becomes retroactively null and void due to a decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent law shall be applicable only when the defendant's case is not a crime.

(see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). Therefore, since the facts charged in this case constitute a crime and thus, a not-guilty verdict should be rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, the judgment below which found the Defendant guilty was no longer maintained.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

【Discretionary Judgment】

1. The summary of the facts charged is that the Defendant, on March 9, 1998, was a spouse who completed a marriage report with D on March 25, 2009. At around 18:20 on March 25, 2009, B and once sexual intercourses with B from 203, located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-Gun, and around 13:00 on July 15, 201, from 202, from Hamoto 202, located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-Gun, and around 12:30 on October 4, 201, from Hamo-Gun, B and once sexual intercourses with B from 202, and around 11:30 on November 11, 2011, from 201, one sexual intercourses with B from 201, respectively.

2. The facts charged in the instant case are crimes falling under Article 241(1) of the Criminal Act, and as seen earlier, the above provision was retroactively invalidated.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, pursuant to the former part of Article 325 of the Criminal Procedure Act