A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault against the defendant for 80 hours.

A. Considering that the Defendant’s case and the person against whom the attachment order was requested (hereinafter “defendants”) repented his mistake, and that the Defendant agreed to pay the victim KRW 34 million, the lower court’s punishment (three years and six months of imprisonment) is too unreasonable.

B. In light of the overall circumstances in which a request for attachment order is filed, it is difficult to deem that the Defendant is likely to repeat sexual crimes.

2. Determination

A. Examining ex officio prior to the judgment on the grounds of appeal by the Defendant’s ex officio, Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes (hereinafter “Specialized Crimes”) provides that “where a person again commits a specific violent crime within three years after the completion or exemption of the execution of his/her punishment by having been sentenced to punishment for a specific violent crime, he/she shall be subject to aggravated punishment by up to twice the long-term and short-term punishment prescribed for the relevant crime,” and Article 2(1) provides that “a specific violent crime subject to the Specialized Crimes Act” and Article 2(3) provides that “a crime of Article 301 (Bodily Injury or Injury by Rape, etc. among crimes of rape and indecent conduct

In addition, the court should punish the accused who again committed the above violent crime under Article 2 of the Act within three years after having been sentenced to punishment for the violent crime listed in Article 2 of the Act on the Aggravated Punishment, etc., by aggravation of repeated crime under Article 3 of the Act on the Aggravated Punishment, which is not Article 35 of the Criminal Act, and the prosecutor who prosecuted the accused, stated the provisions applicable to repeated crime under Article 35 of the Criminal Act in the indictment while the prosecutor prosecuted the accused, and is not subject to challenge.

(2) According to the records, the Defendant, at Seoul High Court on June 18, 2009, sentenced two years and six months to imprisonment for the crime of causing bodily injury resulting from indecent act by force, which is a specific violent crime, at the Seoul High Court on June 18, 2009, on June 11, 201, may recognize the fact that the execution of the sentence has been completed by the Gangwon Prison on June 11, 201.

Therefore, even if the case is.