성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for ten years.
For a period of 10 years, the information on the defendant.
1. Summary of grounds for appeal;
A. It is unreasonable to order the part of the defendant's case to disclose and notify the defendant's information about the punishment imposed on the defendant and the person to whom the attachment order was requested (hereinafter "the defendant").
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device although the defendant does not pose a risk of recommitting a sexual crime.
2. Determination
A. 1) Determination on the part of the Defendant’s case is based on the former Act on Special Cases Concerning the Punishment of Specific violent Crimes (amended by Act No. 7653, Aug. 4, 2005; hereinafter “former Act on Special Cases”) ex officio prior to the judgment on the grounds for appeal by the Defendant’s respective grounds for appeal.
Article 3) Article 3 provides that "where a person has been sentenced to punishment for a specific violent crime and has again committed a specific violent crime within three years after the completion of or exemption from the execution of the punishment, punishment shall be aggravated by up to twice the maximum or minimum term of the punishment prescribed for the crime." Article 2(1) provides that "Special Robbery" among the crimes of robbery in Chapter 38, Articles 333, 334, 335, 336, 337, 338, 339, 340, 341, and 342 (excluding an attempted crime in Articles 329 through 332), among the crimes of robbery in Chapter 38 of the Criminal Act, shall be punished by the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof."
The crimes of Articles 5, 6, 9, 10, and 12 (limited to an attempted crime under Articles 5, 6, 9, and 10) separate from the definition provisions of Article 2 of the former Act on Special Cases concerning the Punishment of Specific Crimes shall be deemed to be specific violent crimes under Article 2 (1) of the Act on Special Cases concerning the Punishment of Specific violent Crimes.
"For each of the above crimes".