The prosecutor's appeal is dismissed.

1. Summary of the prosecutor's grounds for appeal;

A. The lower court’s sentence of imprisonment (12 years of imprisonment) imposed on the Defendant and the respondent for an attachment order or the respondent for a treatment order (hereinafter “defendant”) is deemed unreasonable.

B. When comprehensively considering the results of the expert’s appraisal of the case claiming a medical treatment order, the defendant is unable to control his/her own act, and the sentence of imprisonment with prison labor and an order to attach an electronic device to the defendant is insufficient to prevent recidivism. Therefore, it is necessary to concurrently treat the defendant with sexual impulse medication.

2. Determination

A. In full view of all the circumstances that consider sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable, and it is not recognized that the sentence imposed by the Defendant is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. As long as a prosecutor partly filed an appeal against a prosecuted case, the part regarding the case for which a request for attachment order is filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is deemed to have filed an appeal regarding the part regarding the case for which a request for attachment order is filed. However, there is no ground for reversal ex officio in the petition of appeal and the statement of grounds

C. Where a medical treatment order is executed, the lower court directly limits the freedom of body or self-determination of the person who has been issued with the medical treatment order by medication, etc., and reduce risk of recidivism in the course of execution of punishment due to considerable interval between the time of issuance of the medical treatment order and the time of actual execution.