1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for twelve years;

3. The defendant's information for 10 years.

1. Summary of grounds for appeal;

A. Regarding the fact that the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendants") suffered from rape, the court below found the defendant guilty on the ground that there was no error of misunderstanding of facts even though the defendant had been trying to find the house of the victim while trying to commit rape. 2) The court below's sentence of unfair sentencing (10 years of imprisonment) is too unreasonable.

B. Prosecutor 1) With respect to rape of persons with disabilities in mistake, even though the date and time of the crime was specified on September 2015 and it was sufficient to prove it, there is an error of misunderstanding of facts in the judgment of the court below which acquitted the defendant (However, as seen later, the prosecutor applied for changes in the indictment with the content of changing the date of the crime in this part of the facts charged at the trial, and the above argument in the grounds of appeal is not subject to the judgment of this court). 2) The judgment of the court of unfair sentencing is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor.

Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes under Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes provides that "in cases where a person has been sentenced to punishment for a specific violent crime and has again committed a specific violent crime within three years after the completion or exemption of such execution, punishment shall be aggravated by up to twice the maximum or minimum term of the punishment determined for such crime," and Article 2 (1) provides that "specific violent crimes" shall be listed in the above Act, so the court shall punish the accused who has been sentenced to violent crimes listed in Article 2 of the above Act and has again committed the above violent crimes within three years after the completion or exemption of the execution of the punishment, with a heavy penalty for repeated crimes under Article 3 of the above Act, not Article 35 of the Criminal Act, and in such cases, the applicable provisions for repeated crimes shall be applied to the prosecution