The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(b) the defendant;

The court below rendered a judgment dismissing the prosecutor's request with respect to the case prosecuted and the case claiming an attachment order, and only the defendant appealed against this.

Therefore, the part of the request for attachment order is excluded from the scope of the trial of this court, notwithstanding the provisions of Article 9 (8) of the Electronic Monitoring Act, because there is no benefit in appeal.

Summary of Grounds for Appeal

The defendant with mental disorder is unable to control his/her desire for drinking due to alcohol dependence symptoms, etc.

At the time of the instant case, the Defendant had failed to have the ability to discern things or make decisions due to the detention, and had lost the ability to discern things or make decisions.

The defendant needs to receive medical treatment and custody for the medical treatment of alcohol dependence.

The punishment sentenced by the court below of unfair sentencing (two years of imprisonment, etc.) is too unreasonable.

Judgment

Article 2 (Scope of Application) (1) "Specific violent crime" in this Act means a crime falling under any of the following subparagraphs:

-1 and 2 omitted 3. Crimes under Articles 301 and 301-2, among the crimes of rape and indecent conduct in Part II of the Criminal Act, and crimes under Articles 297, 297-2, 298, 300, and 305 of the Criminal Act committed by carrying a deadly weapon or other dangerous object or by at least two persons jointly, among the crimes of rape and indecent conduct in Part II of the Criminal Act; Crimes under Articles 3 through 10 and 15 (excluding attempted crimes under Article 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; or crimes under Articles 29 through 30 of the Criminal Act;