The defendant shall be innocent.

1. On July 27, 1978, the Defendant, without a certain occupation, has sexual intercourse with the victim E (the age of 21) at the D office where the Defendant was working for the Defendant located in Macheon-si around 18:00 on July 27, 1978, with the intention of marriage, by making a false statement, such as “I, in the general sense, engage in marriage,” etc. In addition, the Defendant had sexual intercourse with the female who had no habitual behavior, and had sexual intercourse from the beginning of September 1979 to the first of September 1979 by taking 30 times from the F Inncheon-si, G inn, H inn, etc. to enter into marriage.

2. The prosecutor of the judgment was prosecuted by applying Article 304 of the Criminal Act to this part of the facts charged, but the Constitutional Court rendered a decision on November 26, 2009 that "a person who had sexual intercourse by deceiving a female who is not habitually engage in sexual intercourse under the circumstance of marriage" in Article 304 of the Criminal Act is in violation of the Constitution. Thus, the above provision of the law is retroactively invalidated in accordance with the proviso of Article 47(2) of the Constitutional Court Act, and where the provision of the penal law retroactively loses its validity, the defendant's case which was prosecuted by applying the pertinent provision of the law is not a crime.

Thus, this part of the facts charged constitutes a case that does not constitute a crime, and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act.