The defendant shall be innocent.

1. The summary of the facts charged is a person who has been married with the victim C on June 7, 2004.

1. On August 25, 201, at around 22:30 on August 25, 201, the Defendant sent to B with a single sexual intercourse with D apartment units No. 2209, 1106, Nam-gu, Incheon Metropolitan City.

2. On September 4, 201, the Defendant sent to the same place on the same day as that of the foregoing B, with a sexual intercourse once at around 14:00.

2. The prosecutor of the judgment, applying Article 241(1) of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016) to the facts charged in the instant case, was prosecuted, and the judgment subject to the judgment for retrial, which found the Defendant guilty, became final and conclusive on December 30, 201.

On February 26, 2015, Article 241 of the Criminal Act (amended by Act No. 293, Sept. 18, 1953) is against the Constitution in cases such as BaBa 17, 2009.

Article 241 of the former Criminal Act (amended by the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015) declared a decision (amended by the Constitutional Court Decision 2009Hun-Ba17, etc.) and Article 47(3) proviso of the Constitutional Court Act (amended by the Constitutional Court Decision 2007Hun-Ba17, Oct. 30, 2008, etc.) declared a final constitutionality (amended by the Constitutional Court Decision 2007Hun-Ba17, etc.). The effect was retroactively invalidated on October 31, 2008, after the date of the decision.

In a case where the penal law or a legal provision becomes retroactively null and void due to the decision of unconstitutionality of the Constitutional Court, the defendant's case prosecuted by applying the pertinent provision constitutes a case where the defendant's case is not a crime (see Supreme Court Decision 2009Do9949, May 13, 201, etc.). 3. Accordingly, the facts charged in this case constitute a case where the facts charged in this case are not a crime, and thus, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the defendant expressed his/her intention not to have the decision published, so the summary of the judgment shall not be publicly announced pursuant to the proviso of