The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The summary of the facts charged is a person who has been married with C on March 23, 2005.

On September 2009, the Defendant, who was parked on the roads adjacent to the Southern High School in the Southern East-dong, Seopo-si, Seopo-si, Seopo-dong, was sent to E with E one-time sexual intercourse.

2. The prosecutor charged a public prosecution with regard to the facts charged in the instant case by applying Article 241(1) of the Criminal Act, and the judgment subject to a retrial that found the Defendant guilty became final and conclusive on January 21, 2011.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, including the above applicable provisions, is unconstitutional.

[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015] The Constitutional Court Decision 201Hun-Ba (see Article 47(3) of the Constitutional Court Act), which retroactively loses its effect on the day following the date on which the previous decision was made (see Article 241 of the Criminal Act). Thus, the Constitutional Court Decision 2008Hun-Ba107, 308,207.

Where the provisions of the penal law are retroactively invalidated due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions of the law shall be deemed to be 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 is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the same Act is applicable.