The defendant shall be innocent.

1. From July 19, 2012, around 16:00 on July 19, 2012, the summary of the facts charged was known that A had a spouse who completed a marriage report with C on March 24, 2005, and the Defendant, even after being aware that he/she had a spouse, had sexual intercourse with A over 46 times in total, as shown in the list of crimes in the attached Table, from that time until June 27, 2013.

2. On the grounds that Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) was applied to the facts charged in the instant case, and the Prosecutor was sentenced to a judgment subject to a retrial that found him/her guilty and became final and conclusive on June 27, 2014.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law 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.

The facts charged of this case include acts after the base date on which the retroactive effect is affected, and the applicable provisions of this case’s facts charged were retroactively invalidated in accordance with the decision of unconstitutionality as above.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, it is so decided as per Disposition by a decision of not guilty of the defendant pursuant to the former part of Article 325 of the Criminal Procedure Act.