The judgment below

The part of the defendant's case shall be reversed.

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

(b) the defendant;

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant and the person to whom the attachment order was requested (hereinafter only referred to as the "defendants") committed indecent acts as stated in the facts charged in this case, the court below found the victim's statement without credibility as evidence and convicted him of the facts charged in this case. The court below erred by misapprehending the legal principles.

B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. (1) Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes on Authority Determination (hereinafter “current Specific Crimes Act”) provides that “In cases where a person again commits a specific violent crime (excluding cases subject to aggravated punishment pursuant to Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes by committing a crime under Article 337 of the Criminal Act and an attempted crime) within three years after the execution of his/her punishment is completed or exempted, he/she shall be sentenced to aggravated punishment up to twice the long-term and short-term punishment determined for the relevant crime” and that the same provision shall apply to repeated crimes in this case.

However, the term "specific violent crime" in the above repeated crime provision refers to a crime falling under Article 2 of the Act on Special Cases concerning the Punishment of Specific violent Crimes. According to the evidence duly adopted and investigated by the court below, the defendant was sentenced to seven years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, etc.) at the Seoul Southern District Court on May 9, 1997, and was sentenced to three years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, etc. at the Daejeon High Court on November 25, 2005, and was sentenced to three years of imprisonment for the crime of indecent act, etc. on May 6, 2009.