The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable.

Before the judgment on the grounds for appeal by the prosecutor's appeal, the court below ex officio examined the facts of the crime in the judgment of the court below, and judged that the defendant's act of 01:35 on March 1, 2015, which was committed by the defendant, was separate from the act of putting his finger in the victim's panty panty, by putting his finger into the victim's panty panty, and putting his finger into the victim's panty at around 02:30 on the same day and 02:30 on the same day.

The Criminal Code prescribes a separate provision of indecent act by compulsion(Article 298) and similar rape(Article 297-2).

The purpose of the crime of quasi-Rape is to protect the same legal interest in the crime of indecent act by compulsion, but the act that can be assessed as having been rape such as inserting the sexual organ into the inner part of the body (excluding the sexual organ), such as the mouth or anus, or inserting the finger or any part of the body (excluding the sexual organ), or the instrument into the sexual organ or anus, is to punish more seriously the act of rape than other indecent act by compulsion.

However, in the process of performing a special act prescribed by the crime of similar rape, the general indecent act by compulsion, such as inevitably cutting off the clothes of the victim, drinking off the part around the sexual flag, etc., is inevitable.

Considering the legislative intent of the crime of similar rape, it is reasonable to interpret that another act of indecent act by force committed by another person with an opportunity to commit similar rape constitutes a crime of similar rape by universal act resulting from similar rape, not the crime of similar rape and the crime of indecent act by force.

In addition, considering the fact that several acts of infringement committed by accessing the same legal interest in time and place based on a single criminal intent constitute a single comprehensive crime, the act of similar rape and the act of indecent act by compulsion is complete.