The judgment of the court below is reversed.

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

information about the defendant for a period of four years.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, ex officio, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was amended by Act No. 10567 on April 7, 2011, and Article 16 of the same Act was newly established. According to Article 2 of the Addenda of the same Act, the above order to attend a course or order to complete a program is applied from the person who first committed sexual crimes after October 8, 201, the enforcement date of the same Act.

The facts charged of this case are that since the defendant raped the victim on August 201, 201, which was prior to the enforcement of the above law, the defendant cannot be concurrently sentenced to an order to attend a course or order to complete a program.

Nevertheless, the court below ordered the defendant to complete the program, so the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the grounds of sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49 and 50 of the Act on the Protection of Children and Child against Sexual Abuse, which committed the crime of this case, was committed while the defendant was in the house of the victim in order to care for the father of the victim.