The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

For 10 years, the registered information on the defendant.

1. Summary of the grounds for appeal by the defendant and the person to whom the attachment order was requested (hereinafter “defendants”);

A. The part of the defendant's case (e.g., imprisonment with prison labor) of the court below is too unreasonable.

B. The lower court limited the Defendant’s residence to the “Si/Gun/Gu having jurisdiction over the place of residence reported to the director of the probation office” as a matter of compliance with the order to attach an electronic tracking device against the Defendant. This is more likely to obstruct the Defendant’s rehabilitation by excessively narrowing the opportunity of employment or the scope of human relations.

Therefore, the restriction on the residence of the Defendant should be limited to “Si” only.

2. Ex officio determination

A. As to the part of the Defendant’s case ex officio, the health department, and the lower court applied the provisions on repeated crimes under Article 3 of the former Act on Special Cases Concerning the Punishment of Specific violent Crimes (amended by Act No. 10209, Mar. 31, 2010) to the Defendant’s instant crime.

Article 2(1)3 of the former Act on Special Cases Concerning the Punishment of Specific Crimes (amended by Act No. 7653 of Aug. 4, 2005) provides that "the crimes under Articles 297, 298, 299, 300, 305, and 301 are specific violent crimes, which are committed by carrying a deadly weapon or other dangerous articles or by two or more persons in combination with another crime under the provisions of Article 32 of the Criminal Act," and Article 2(2) of the same Act provides that "the crimes under any of the subparagraphs of paragraph (1) shall be deemed specific violent crimes."

In this case, it is difficult to view the case as a crime of rape committed by the defendant who intrudes upon the victim's residence and carries a deadly weapon with him or by more than two persons, or a crime of aggravated punishment by other Acts.