The defendant shall be innocent.

1. From the end of December 201 to the end of December 22:00, the Defendant, despite being aware of the fact that he is a spouse of A, provided that at least 22:00, the Defendant had sexual intercourses with A over 10 times in total, as shown in the list of crimes in the separate sheet, with a total of 10 times, from that time until March 5, 2013.

2. The prosecutor charged a public prosecution with respect to the facts charged in the instant case by applying Article 241(1) of the Criminal Act (amended by Act No. 293, Sept. 18, 1953); the judgment subject to a retrial, which found the Defendant guilty, was rendered final and conclusive August 24, 2013.

On February 26, 2015, after the judgment subject to review became final and conclusive, the Constitutional Court declared that the above provision of the law is unconstitutional.

(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 (Article 47(3) of the Constitutional Court Act). Since 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, which is next 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.

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