The defendant shall be innocent.

1. A’s summary of the facts charged of the instant case is a spouse who has completed a marriage report with D around January 8, 2010.

With knowledge of the fact that the Defendant is a spouse of A, between October 11, 201 and October 17:30, 201, and from October 18:30, to 18:30, the Defendant provided a single sexual intercourse with A at a stude room on the third floor of the fel E located in the window E in the window of Changwon city, and between October 17:30 and 18:30, the Defendant provided a single sexual intercourse with A in the above 3rd floor of the 2nd century.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is in violation of the Constitution (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015) (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015), and Article 241 of the Criminal Act, due to the above decision of unconstitutionality, lost its effect retroactively on October 31, 208, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008) was made in accordance with the proviso of Article 47

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the defendant's case which was prosecuted by applying the relevant provisions shall be limited to the case that does not constitute a crime.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, since the facts charged in this case are not a crime, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.