The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

The decision of the court below on the grounds of appeal (five years of imprisonment) is too unreasonable.

On April 24, 2009, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for robbery, etc. and completed the execution of the sentence on October 7, 2010.

In this regard, the Defendant committed each of the instant crimes before three years have passed since the completion of the execution of the said sentence. Among them, the attempted special robbery, and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) constitutes “specific violent crime” as prescribed by the former Act on Special Cases Concerning the Punishment, etc. of Specific Violence Crimes (Amended by Act No. 12198, Jan. 7, 2014; hereinafter the same shall apply), whereas the crime of embezzlement, habitual larceny, intrusion upon residence, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) does not constitute “specific violent crime” as prescribed by the said Act. As such, with respect to quasi-special robbery attempts to commit a sexual crime, and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape), the crime of robbery, etc. under Article 3 of the said Act should be punished in accordance with Article 5 of the said Act.

Nevertheless, the lower court erred by aggravated aggravation of repeated crimes pursuant to Article 3 of the former Act on Special Cases Concerning the Punishment of Specific violent Crimes against Children and Juveniles against Sexual Abuse as well as the attempts to commit quasi-special robbery and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape). Thus, the lower court’s judgment cannot be maintained any further.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's improper assertion of sentencing, on the ground that there is a ground for reversal of authority as above.