The defendant's appeal is dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Judgment on the Grounds for Appeal

A. The summary of the grounds for appeal is unreasonable: The sentence of imprisonment (one year of imprisonment) by the lower court is too unreasonable.

B. Comprehensively taking into account the circumstances that the lower court determined (in particular, the fact that the Defendant was punished for the same kind of crime, the age of the victim, the content of the indecent act, the degree of mental suffering that the victim and his parents suffered, and the fact that there is no clear measure to recover the damage) and the circumstances of sentencing that can be revealed by the record, the sentence imposed by the lower court is too heavy.

The judgment of the court below shall not be deemed to have an unreasonable reason, as alleged in the grounds for appeal by the defendant.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit. However, since the prosecutor filed a request for medical treatment and custody for the defendant in the trial, this part of the appeal is decided as follows.

The facts of the cause of medical treatment and custody and the summary of the evidence recognized by this court are as follows, and the summary of the evidence is as stated in the summary of the evidence at the end of the original judgment, except for addition of the following at the end of the original judgment.

[Facts of the causes for medical treatment and custody] A candidate for medical treatment and custody was sentenced to a fine of five million won on April 20, 2009 by Seoul Southern District Court for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor rape, etc. under the age of 13). On March 27, 2014, the Incheon District Court was sentenced to imprisonment with labor for one year and six months and medical treatment and custody for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) in the Incheon District Court on March 27, 2014, and is currently under execution of

An applicant for medical treatment and custody shall have a psychosexual disorder and impulse for male children, and shall have a certificate of child care.