The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

1) The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Act on Punishment of Sexual Crimes”) shall apply to the grounds for appeal.

Article 3(1) of the Criminal Act ought to be interpreted to apply only to "residential intrusion" under Article 319(1) of the Criminal Act, and to "building intrusion" under the language and text of Article 3(1) of the same Act.

If the foregoing provision also applies to “a structure intrusion”, the phrase “an attempt to rape a victim by impairing a residence” and “an attempt to rape a victim by destroying a structure” are significantly different from the nature of an unlawful performance crime. Therefore, in light of the fact that “a residential rape” and “a structure intrusion rape” cannot be treated together in terms of the principle of proportionality with responsibility and punishment, the principle of equality, the legitimacy of the penal system and balance, etc., the part regarding “building intrusion” in the foregoing provision is unconstitutional, and should not be applied to this case.

(2) Since the toilets that the Defendant entered are allowed to enter without distinguishing between men and women and are not equipped with corrective devices, any person is allowed to enter the toilets. Thus, it does not constitute “a managed structure” under Article 319(1) of the Criminal Act.

The sentence of the lower court against the illegal defendant in sentencing (the completion of the sexual assault treatment program for four years and 80 hours) is too unreasonable.

Judgment

(1) In the case of this case, a person who commits an offense under Article 8(1), 15, and 3(1) of the Punishment of Sexual Violence Act, Article 319(1) of the Criminal Act, and Article 8(1) of the Punishment of Sexual Violence Act, shall be punished by imprisonment with prison labor for life or for not less than ten years, if the person who commits an offense under Article 3(1), 4, 6, 7, or 15 (limited to the crimes under Article 3(1), 4, 6, or 7) injures another person or causes injury to another person.

“,” and Article 15(Non-offenders) shall be punished for offenses referred to in articles 3 through 9 and 14.

“” and Article 3(1) of the Criminal Act “Article 319(1)(Intrusion upon residence), Article 330(s), Article 331(s)(special larceny) of the Criminal Act.