성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Defendant
In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.
The request for the medical treatment order of this case.
1. Summary of grounds for appeal;
A. According to the result of the mental diagnosis of the Defendant and the person subject to a request for attachment order (including the status of the person subject to a request for attachment order (hereinafter “Defendant”) and the Defendant’s violation of the Act on the Medical Treatment and Custody, etc., the Defendant did not file a request for medical treatment and custody with a prosecutor although the Defendant constitutes “mentally disabled person” under the Medical Treatment and Custody Act (hereinafter “Medical Treatment and Custody Act”), and the lower court did not request the prosecutor to file a request for medical treatment and custody. Accordingly, the lower court erred by failing to file a request for medical treatment and custody under the Medical Treatment and
B) It is unreasonable for the lower court to order the disclosure and notification of the Defendant’s information for five years, in so far as the lower court’s sentence of unfair sentencing (three years of imprisonment, etc.) is too unreasonable.
2) Although the part of the request for attachment order is not recognized to have a risk of recommitting a sexual crime, the lower court’s issuance of an attachment order to the Defendant is unfair and unfair to the extent that the period of attachment is too long. B. The prosecutor’s (an unfair judgment of the lower court) is too unreasonable.
2. Determination
A. As to the part of the defendant's case, Article 2 (1) 3 of the Medical Treatment and Custody Act provides that one of the "persons subject to medical treatment and custody" is "persons with sexual disorder, such as opiaia, sexual dysia, etc., who committed a sexual crime corresponding to imprisonment without prison labor or heavier punishment, and who are in need of treatment at a medical treatment and custody facility and who are likely to recommit a crime." As a result of the mental appraisal of the court below, the defendant was diagnosed as having a mental disorder that indicates exposure and opathy disorder, and is recognized as having a 189 pages of the trial record.
B. However, Article 4 (1) of the Medical Treatment and Custody Act requires a prosecutor to receive medical treatment and custody.