The defendant shall be innocent.

1. The summary of the facts charged A is a person who has been married with C on March 28, 2009.

From May 9, 2014, at around 23:00 on May 9, 2014, the Defendant knew that he/she is a spouse of A, the Defendant had sexual intercourse with A one time with the Escopian at the Escopic conference room located in Seongbuk-gu, Sungwon-si, Sungwon-si, and had the same

6. By the 13th day, B and 13 times as shown in the annexed List of Crimes.

2. On February 26, 2015, the Constitutional Court rendered a decision that Article 241 of the Criminal Act, which is the applicable provisions to the facts charged in this case, is in violation of the Constitution (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015) (the Constitutional Court Decision 2009Hun-Ba17, Feb. 26, 2015), and Article 241 of the Criminal Act, due to the above decision of unconstitutionality, lost its effect retroactively on October 31, 208, after the previous decision of constitutionality (the Constitutional Court Decision 2007Hun-Ga17, Oct. 30, 2008) was made in accordance with the proviso of Article 47

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.

(see, e.g., Supreme Court Decision 2009Do9949, May 13, 2011). Therefore, since the facts charged in this case are not a crime, the Defendant is acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act.