The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

On February 26, 2015, the Constitutional Court declared that Article 241 of the Criminal Act, the applicable provisions of the charges in this case, is unconstitutional.

(209HunBa17, etc.). In a case where the Act or the Act on Punishment becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant Act shall be applicable to the case where the defendant's case is not committed as

(see, e.g., Supreme Court Decision 2001Do3495, Mar. 10, 2005). Therefore, since the facts charged in the instant case fall under a case where a person does not constitute a crime and thus, the court below’s judgment convicting him of this case is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the part of the judgment below against the defendant is reversed and it is again decided as follows.

1. The summary of the facts charged was a person who was married with D on August 7, 2008, and was a spouse after filing a marriage report, and around December 9, 2013, around 17:30 on December 9, 2013, the Defendant sent to B with a single sexual intercourse with B in Seo-gu Incheon, Incheon.

2. The facts charged in this case are crimes falling under Article 241(1) of the Criminal Act, and the above provision was retroactively invalidated as seen 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