강간등
The prosecutor's appeal is dismissed.
1. Among the defendant's case of this court in the first instance, the part guilty and dismissed, and the part requesting the attachment order shall be limited to the part requesting the attachment order, as the defendant and the respondent for the attachment order, and the prosecutor did not appeal (hereinafter referred to as "defendant") and each of the above parts becomes final and conclusive, and since the prosecutor appealed only to the part requesting the attachment order, the scope of trial for each party's
2. The gist of the grounds for appeal is that the first instance court’s dismissal of a request for a pharmacologic treatment order against the Defendant, despite the risk of recommitting a sexual crime, is erroneous or erroneous by misapprehending the legal doctrine.
3. Article 2 subparag. 1 of the Act on Pharmacologic Treatment of Sexual Offenders provides that "a person who falls under Article 2 (1) 3 of the Medical Treatment and Custody Act and a person who is proved to be unable to control his/her own act due to sexual disorder by means of his/her diagnosis by a mental health specialist." Article 2 (1) 3 of the Medical Treatment and Custody Act provides that "a person who has a mental disorder with sexual intercourse, such as ophonosis and sexual aggravation, and has committed a sexual crime corresponding to imprisonment without labor or heavier punishment," and the Medical Treatment and Custody Act provides that a person subject to medical treatment and custody is "a person who has sexual disorder with sexual intercourse, who is deemed to have sexual intercourse, and is deemed to have a risk of recommitting a sexual crime by performing sexual impulse medication treatment to a person who has committed a sexual crime, and thus, intends to prevent recidivism of a sexual crime and promote rehabilitation of the victim (Article 1 of the Act on Pharmacologic Treatment of Sexual Sex Offenders." The risk of recommitting a sexual crime means a person subject to medical treatment order again by itself in the future.