The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Judgment ex officio is made.

1. The evaluation of the past acts committed as a crime according to the change of the legal ideology, which was the reason for the enactment of penal statutes, was different, and the punishment itself was recognized as a crime and thus unfair;

In cases where statutes have been amended or amended in consideration of reflect that or excessive punishment has been imposed, the new law shall be applied in accordance with Article 1(2) of the Criminal Act.

(See Supreme Court Decision 2003Do2770 Decided October 10, 2003 and Supreme Court Decision 2009Do12930 Decided March 11, 2010, etc.). 2. A.

The judgment below

According to the reasoning, among the facts charged in the instant case, the lower court upheld the first instance judgment convicting the Defendant and the respondent for an attachment order, and the respondent for a treatment order (hereinafter “Defendant”) of the crime of kidnapping the victim for sexual intercourse by applying Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013; hereinafter “former Act on the Aggravated Punishment, etc.”) and Article 288(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same).

B. Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes provides that “a person who commits a crime under Article 288, 289, or 292(1) of the Criminal Act shall be punished by imprisonment with prison labor for life or for at least five years.” Article 288(1) of the former Criminal Act provides that “a person who captures or induces another person for the purpose of engaging in an indecent act, sexual intercourse, or profit-making shall be punished by imprisonment with prison labor for at least one year.” However, Article 5-2(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013) which was enforced prior to the pronouncement of the judgment below is deleted, and Article 28(1) of the Criminal Act (amended by Act No. 11731, Apr. 5, 201) provides that “a person who kidnaps or induces another person for sexual intercourse, marriage, or profit-making shall be punished.”