The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

E. The former Act on Special Cases Concerning Sexual Violence (hereinafter “former Act on Special Cases Concerning Sexual Violence”)

() According to Article 8(1) of the same Act, not only a person who has committed a special rape but also a person who has committed a special rape under Article 4(1) of the same Act, if the victim sustained an injury due to such special rape, the crime of injury resulting from such special rape is established. The penal provision on attempted rape under Article 8(1) of the same Act is applicable to an attempted special rape under Article 8(1) along with the crime of injury resulting from special rape under Article 8(1) of the same Act. In other words, the penal provision on attempted rape under Article 8(1) of the same Act applies only to a case where a person who has committed or attempted a special rape commits a crime with intent to inflict an injury on the victim and has committed an attempted rape with the victim, and does not apply to the crime of injury resulting from special rape under Article 8(1) of the same Act (see, e.g., Supreme Court Decision 2007Do1058, Apr. 24, 2008).

The court below erred by misapprehending the legal principles on the scope of application under Article 14 of the former Act on Special Cases of Sexual Violence, thereby affecting the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.