The defendant shall be innocent.

1. The Defendant is a person who is a spouse who has reported the marriage with C on January 27, 2001.

On January 7, 2011, the Defendant sent to B with each other 36 times in total, as described in the list of crimes in the attached Table, from July 2010 to January 17, 2011, in the middle-gu, Incheon, Jung-gu, Incheon, in the singing singing book, and the first sexual intercourse with B, as well as from July 201 to January 201.

2. Determination

A. The prosecutor prosecuted the above charged facts by applying Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953; hereinafter “instant legal provision”).

B. On February 26, 2015, the Constitutional Court rendered a decision that the provision of this case violates the Constitution (the Constitutional Court Decision 2009HunBa17,205, 2010HunBa194, 2011HunBa4, 2012HunBa57, 255, 411, 2011HunBa4, 2012HunBa57, 255, 411, 2013HunBa139, 161, 267, 276, 276, 342 and 365, 2014HunBa53, 464, 201HunBa31, 2014HunBa4, 2014 (merged)).

According to Article 47 (3) of the Constitutional Court Act, if there is a previous case in which the provisions of the Act on Punishment decided as unconstitutional are constitutional, the provisions of this case retroactively lose its effect on October 30, 2008, and since the Constitutional Court rendered on October 30, 2008 that the provisions of this case do not violate the Constitution (Ruling 2007Hun-Ga17,21, 2008Hun-Ba7, 2008Hun-Ba21, 47, October 31, 2008). Thus, the provisions of this case retroactively lose its effect on October 31, 2008.

C. Where the legal provisions on punishment retroactively lose their validity due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant legal provisions shall be deemed to constitute a crime.

(See Supreme Court Decisions 91Do2825 delivered on May 8, 1992, 2005Do8317 delivered on June 28, 2007, etc.). 3. In conclusion, the facts charged in this case constitute a case that does not constitute a crime, and thus, the facts charged in this case shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.