The defendant shall be innocent.

1. The summary of the facts charged A is a person who has been married with E on January 26, 1999.

On May 13, 2011, at around 21:00, the Defendant provided the first sexual intercourse with the above A within the vehicle owned by the Defendant in the Gangseo-gu Busan Metropolitan City parking lot located in Gangseo-gu, Busan, and on May 22, 2011, the Defendant provided the first sexual intercourse with the said A around 13:00 on the parking lot in the Dong-gu, Changwon-si, Changwon-si.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is a legal provision applicable to the facts charged in the instant case, is in violation of the Constitution (the Constitutional Court Order 2009HunBa17, Feb. 26, 2015) (the Constitutional Court Order 2009HunBa17, Feb. 26, 2015), and due to the above decision of unconstitutionality, Article 241 of the Criminal Act was retroactively invalidated on October 31, 208, following the previous decision of constitutionality (the Constitutional Court Order 2007HunBa17, Oct. 30, 2008) pursuant to the proviso of Article 47(3) of the Constitutional Court Act.

In a case where the penal law or legal provision becomes retroactively null and void due to the Constitutional Court’s decision of unconstitutionality, the defendant’s case prosecuted by applying the pertinent provision constitutes a case that does not constitute a crime (see Supreme Court Decision 2009Do9949, May 13, 201, etc.). Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.