The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 4 years for completion of sexual assault treatment programs, 80 hours for disclosure and notification of information, 10 years for disclosure and notification, and confiscation) of the lower court’s sentence against the Defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The lower court applied Articles 14, 8(1), and 4(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) and Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same) on the ground that the instant facts charged against the Defendant constituted an attempted crime, and subsequently mitigated the attempted suspension (Articles 26 and 55(1)3 of the Criminal Act).

However, according to Article 8(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, not only a person who commits a crime, such as special rape, but also a person who commits a crime of special rape, etc., under Article 4(1) of the same Act, if the victim suffered bodily injury due to such crime, it does not constitute an attempted crime of bodily injury such as rape, etc., but also an attempted crime of bodily injury such as rape. The penal provision for attempted rape under Article 8(1) of the same Act under Article 14 of the same Act is applicable to an attempted crime of rape and bodily injury such as rape, which is, in other words, a crime of special rape, etc., and a person who committed or attempted a crime of bodily injury to the victim with intent to inflict bodily injury on the victim.

(see, e.g., Supreme Court Decisions 2007Do10058, Apr. 24, 2008; 2013Do7138, Aug. 22, 2013). Therefore, even though rape itself was attempted to be discontinued as in the instant case, if the victim had already suffered an injury in the process, the crime of injury or injury by rape, etc. under Article 8(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is established, and Article 14 of the same Act is applicable.