The defendant is innocent.

1. The summary of the facts charged is a person who has been married with C on October 10, 1993.

On June 13, 2010, the Defendant sent to a room in which it is impossible to find out the protection room of the mutually in the vicinity of the Daegu Mag-gu Mallllal Mallal, a single sexual intercourse with A.

From around that time to July 12, 2012, the Defendant had sexual intercourse with A over 31 times in total, as shown in the list of crimes in attached Form.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act (amended by Act No. 293, Sep. 18, 1953) which is the applicable provisions of the facts charged in this case is in violation of the Constitution (Supreme Court Order 2009HunBa17, Feb. 26, 2015) (the Constitutional Court Order 2009HunBa17, Oct. 31, 2008) was unconstitutional pursuant to the proviso of Article 47(3) of the Constitutional Court Act (the Constitutional Court Order 201HunBa17, Oct. 30, 2008).

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.

(2) As to the facts charged in this case, the lower court acquitted the Defendant under the former part of Article 325 of the Criminal Procedure Act, on May 13, 2011 (see, e.g., Supreme Court Decision 2009Do949, May 13, 201).