The defendant shall be innocent.

1. Around December 22, 2013, the summary of the facts charged was known to be a spouse B, and around December 22, 2013, the Defendant sent B with a single sexual intercourse from the FMour 306 room located in Seo-gu Busan, Seo-gu, Busan.

2. The prosecutor charged a public prosecution by applying Article 241(1) of the former Criminal Act (amended by Act No. 293, Sep. 18, 1953; hereinafter the same shall apply), which was deleted by Act No. 13719, Jan. 6, 2016, and the judgment subject to a retrial that found the Defendant guilty was finalized on November 22, 2014.

On February 26, 2015, the Constitutional Court declared that Article 241 of the former Criminal Code is unconstitutional.

[The Constitutional Court Decision 209Hun-Ba17,205, 2010Hun-Ba194, 2011Hun-Ba4, 2012Hun-Ba4, 2012Hun-Ba5, 255, 411, 2013Hun-Ba139, 161, 267, 276, 342, 365, 2014Hun-Ba53, 464, 201Hun-Ba31, 2011Hun-Ba31, 2014Hun-Ga4, 2014Hun-Ga4, which was decided as unconstitutional on February 26, 2015 [Article 47(3) of the Constitutional Court Act] Where a previous case is decided as unconstitutional, the Constitutional Court rendered a decision that the above provision does not violate the Constitution on October 30, 2008 (Article 207Hun-Ba17).

On the other hand, where the provisions of the Punishment Act retroactively lose its effect due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the relevant provisions shall be deemed to constitute a crime.

3. The facts charged in this case constitute a case where the facts charged do not constitute a crime, and thus, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.

(A) The summary of the judgment shall not be disclosed pursuant to the proviso of Article 440 of the Criminal Procedure Act because the defendant does not want public announcement of the judgment.