The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one year of imprisonment) is too unreasonable.

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

Article 2(1)3 of the Act on Special Cases Concerning the Punishment of Specific Cggravated Crimes (amended by Act No. 10209, Mar. 31, 2010; hereinafter “Act No. 10209”) provides that unlike the previous amendment, Article 301 of the Criminal Act provides that “A crime committed by carrying a deadly weapon or other dangerous object or by two or more persons jointly” constitutes “a specific violent crime.”

Meanwhile, Article 2(1)3 of the Act on the Special Cases of 10209 included the scope of “specific violent crime” in the crime of bodily injury caused by simple rape as before amendment by Act No. 10431, Mar. 7, 2011. However, in cases where there is a change in punishment due to the amendment of Acts and subordinate statutes several times between the time of criminal act and trial, the most minor punishment should be applied ex officio in comparison with the entire Acts and subordinate statutes pursuant to Article 1(2) of the Criminal Act (see Supreme Court Decision 2012Do7760, Sept. 13, 2012). According to the record, the Defendant was sentenced to imprisonment with prison labor for at least two years and six years, with prison labor for rape, etc. at Seoul Western District Court on August 27, 2010, and the Defendant was sentenced to punishment of at least the above crime of rape within 20 years after having been sentenced to punishment for the crime of this case (see Supreme Court Decision 2012Do3760, Mar. 21, 2013).