Defendants are not guilty.

1. Summary of the facts charged

A. Defendant A is a spouse who has completed a marriage report with E on March 11, 1994.

1) On December 31, 2009, the Defendant conspiredd with B and once with the room in which it is impossible to find out the room of “Gel” located in F in Changwon-si.

2) On January 4, 2010, the Defendant conspiredd with B and once with one another in a room where it is impossible to find out the mutual influence room in Kimhae-si.

In this respect, the defendant was sent to the above B twice.

B. Defendant B knew that he was a spouse of the above A, the same date, time, and place as described in the above paragraph, and the two times sexual intercourses with A respectively.

2. Determination

A. The prosecutor prosecuted the Defendants on each of the above acts by deeming that they fall under Article 241(1) of the Criminal Act, and the judgment subject to review was pronounced guilty on the Defendants, and the above judgment became final and conclusive.

B. In this regard, the Constitutional Court rendered a decision on February 26, 2015 that “Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) is in violation of the Constitution” in the case including the BaBa 17, 2009, and thereby, the said provision of the Act retroactively loses its effect pursuant to Article 47(3) of the Constitutional Court.

However, if the provisions of the Act on Punishment decided as unconstitutional in accordance with the proviso of Article 47 (3) of the Constitutional Court Act are previously constitutional cases, the provisions of the Act on Punishment lose its effect retroactively on the day following the date on which the decision is made, and on October 30, 2008, the Constitutional Court rendered a decision that the above provisions of the Act do not violate the Constitution (see, e.g., 2007 Constitutional Court Decision 17). Thus, the above provisions of the Act retroactively lose its effect on October 31, 2008, which is next day.

(c)

Meanwhile, in a case 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 pertinent provisions shall be deemed to constitute a crime (Supreme Court Decision 2007 June 28, 2007).