The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

The seized LG-V507L US chips, SD cards, etc.

1. The main point of the grounds for appeal is that the court below's imprisonment (seven years of imprisonment) is too unreasonable.

2. Determination

A. The lower court applied Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to the crime of each of the subparagraphs of paragraph (4) of the 2018 Gohap273 case as indicated in the lower judgment (ex officio determination) (the body of a person, who may cause sexual humiliation or shame on November 19, 2015 and June 7, 2016, taken against his/her will).

However, Article 14(1) of the current Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “the current Act on the Punishment, etc.”) is enforced on the same date as the Act was amended by Act No. 15977, Dec. 18, 2018. As such, the current Act on the Punishment, etc. of Sexual Crimes cannot be applied to each of the above criminal facts committed by a criminal defendant prior to the enforcement of the current Act on the Punishment, etc. of Sexual Crimes, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Act on the Punishment, etc. of Sexual Crimes”).

Therefore, the part of the judgment of the court below on the defendant's case is erroneous in the misapprehension of laws and regulations as to the facts constituting the crime in the case No. 2018 Gohap273 as stated in the judgment of the court below.

In addition, as long as each of the above crimes and the remaining crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment of the court below concerning the defendant's case shall be reversed.

B. Since the part 1 of the request for attachment order appealed against the judgment of the defendant case, it is deemed that an appeal has also been filed against the judgment of the case for which the request for attachment order was filed in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, etc.

Where the part of the defendant's case is reversed due to the error of application of statutes.