The defendant shall be innocent.

1. The summary of the facts charged was around 15:00 on July 12, 2012, the Defendant provided a single sexual intercourse with A with his/her spouse in Gangdong-gu Seoul Metropolitan Government Eel 307.

2. The prosecutor charged a public prosecution against the facts charged in the instant case by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953); and the judgment subject to a retrial that found the Defendant guilty was rendered final and conclusive on October 25, 2012.

However, on February 26, 2015, the Constitutional Court rendered a decision that the above provision of the law is unconstitutional, which became final and conclusive after the judgment subject to review becomes final and conclusive.

(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 if there is a previous case which is constitutional (Article 47(3) of the Constitutional Court Act). 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, the following 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.

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