The judgment below

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

A defendant shall be punished by imprisonment for ten years.

. Information on the Defendant.

Summary of Grounds for Appeal

The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") committed sexual traffic only with money given to the victim on March 1, 2014, and did not rape the victim. Although there was assaulting the victim on around 04:30 of the same month, there was no factual relation with the victim, but there was no fact that there was sexual intercourse with the victim. On the same day, there was no 06:15 and no rape of the victim.

In addition, it is difficult to regard the injury suffered by the victim as a result of the defendant's act, and it cannot be seen as an "injury" under the Criminal Act.

On March 11, 2014, the Defendant was in a dispute with the mother of the Defendant, but did not assault the mother of the Defendant.

The sentence of imprisonment (10 years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes for the Determination ex officio on the part of the defendant's case provides that "in cases where a specific violent crime (excluding cases where an aggravated punishment is imposed 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) is committed again within three years after the execution of the sentence is completed or exempted, the punishment shall be aggravated by up to twice the long-term and short-term term of the punishment prescribed for such crime," and the provision on the punishment for a repeated crime shall be applied to the punishment for a repeated crime among the crimes in this case.

However, according to the evidence duly adopted and examined by the court below, the defendant was sentenced to two years of imprisonment with prison labor on March 17, 2004 in the Busan District Court 1, 2004, and 2.