1. The part of the judgment below on the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

For the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (10 years of imprisonment, 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the part of the Defendant case is too unhued and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device despite the risk of recidivism in the part of the request for attachment order.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor on the part of the case.

The crimes described in Paragraph 1 of the 2016 Highest 103 Case were committed around January 2013, and the crimes described in Paragraph 2 were committed around April 2013.

Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 12, 2012; hereinafter the same shall apply) which was enforced around the day of the above crime, provides for rape against children and juveniles as imprisonment with prison labor for at least five years, while Article 7(1) of the current Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Jun. 19, 2013; hereinafter the same shall apply), Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1185, Dec. 12, 2012; hereinafter the same shall apply) increased the statutory penalty because it provides for rape against children and juveniles as imprisonment with prison labor for life or for more than five years, so the lower court applied

In addition, with respect to the crimes described in paragraph (1) above, the statutory punishment is to punish the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives), the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape by Relatives), and the crimes described in paragraph (2) above as crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and the attempted crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.