Defendants are not guilty.

1. The summary of the facts charged is a person who has been married with D on April 26, 2005, and a spouse who has completed the marriage report. A around May 5, 2014, around Ulsan-gun Eudio, Ulsan-gun, U.S., one time, and a single sexual intercourse with B. Defendant B knew that he/she is a spouse, Defendant B was aware that he/she is a spouse, and had a single sexual intercourse with A at the same time and place.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241(1) of the Criminal Act, which is a penal provision on the facts charged in the instant case, and Article 241(2) of the Criminal Act, which is a provision on the conditions of prosecution, violates the Constitution (Supreme Court Decision 2009Hun-Ba17,205, 2010Hun-Ba194, February 26, 2015; 2011Hun-Ba4, 2012, 57, 255 and 411, 2012Hun-Ba57, 2015, 2013Hun-Ba139, 161, 267, 276, 342 and 365, 2014Hun-Ba53 and 464, 2011Hun-Ba31, 2014Hun-Ga4, 2014 (Joint))).