The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime of mistake of facts or misapprehension of legal principles, Defendant 1 attempted to rape with the victim’s house, but there was no intent to commit rape with the victim only at the time of entering the victim’s house. Therefore, even though the Defendant’s act constitutes a crime of attempted rape, the lower court erred by misapprehending the facts charged in this part of the charges, or by misapprehending the legal doctrine on the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, thereby affecting the conclusion of the judgment. (2) At the time of committing the crime of paragraph (1) of the judgment of the lower court, the Defendant was under the influence of alcohol and was in a state of mental and physical disability.

3) The sentence sentenced by the lower court on unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Ex officio determination is made as to whether Article 3 of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes applies to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes (hereinafter referred to as the "current Special Cases Act") provides that "in cases where a person again commits a specific violent crime (excluding a case subject to aggravated punishment pursuant to Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes by committing a crime referred to in Article 337 of the Criminal Act and an attempted crime) after having been sentenced to punishment for a specific violent crime, he/she shall be subject to aggravated punishment up to twice the long-term and short-term punishment prescribed for such crime, and shall be subject to repeated crimes among each of the crimes in this case, the lower court shall be subject to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (residential Rape, etc.).