The judgment below

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

A defendant shall be punished by imprisonment for seven years.

80 hours per the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment (eight years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.

2. Determination:

A. Before determining the Defendant’s grounds for appeal, the lower court found the Defendant guilty of both the Defendant’s violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims thereof (special robbery, Rape, etc.) and the Defendant’s violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims thereof (Rape, Injury by Rape, etc.), and subsequently sentenced the Defendant to punishment provided for more severe punishment among the two crimes in the ordinary concurrent relationship (special robbery, etc.), and sentenced the Defendant to punishment provided for more severe punishment (special robbery, rape, etc.). From among the statutory penalty, the sentence of imprisonment was mitigated once on the ground that the said crime falls under concurrent crimes under the latter part of

However, Article 5(2) of the former Act on Special Cases Concerning the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) provides that a person shall be punished by capital punishment or imprisonment with prison labor for life or for not less than ten years with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (special robbery, rape, etc.). Since the upper limit of imprisonment with prison labor under the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) is 15 years, the scope of the statutory penalty against a defendant shall be more than 10 years, but not more than 15 years, and where a person is legally mitigated, the scope of the punishment shall be punished by imprisonment with prison labor for not less than five years and not more than 7 months.

If so, eight years of imprisonment sentenced by the court below to the defendant is illegal as it exceeds the maximum applicable sentencing range.