The judgment of the court below is reversed.

The defendant shall be innocent.

1. Although the summary of the grounds for appeal did not coincide with A, the lower court found the Defendant guilty of the facts charged of this case on the grounds of the statement of A without credibility, and thus, erred by misapprehending the facts.

2. On December 23, 2012, the summary of the facts charged in the instant case: (a) the Defendant was aware that he/she was his/her spouse, and (b) was sexual intercourse with A and once in a room in which it is impossible to find out the care room of the Kel located in his/herJ during Ansan-si, Ansan-si.

In addition, from around that time to March 22, 2013, the Defendant conspiredd with A over 20 times as shown in the list of crimes attached to the judgment below.

3. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Constitutional Court rendered a decision on February 26, 2015 on the unconstitutionality of Article 241 of the Criminal Act, which was applied by the Prosecutor, to the Defendant, and Article 241 of the Criminal Act retroactively loses its effect. Accordingly, the judgment of the court below was no longer maintained.

4. Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant on the ground of ex officio reversal, and it is again decided as follows after pleading.

The summary of the facts charged of this case is identical to Paragraph 2, and Paragraph 3, and thus, the defendant is acquitted in accordance with the former part of Article 325 of the Criminal Procedure Act, since it falls under a case that does not