The appeal filed by the defendant, the requester for medical treatment and custody and the requester for attachment order shall be dismissed.

The main point of the grounds for appeal (unfair punishment) is that the defendant, the applicant for medical treatment and custody and the person to whom an attachment order was requested (hereinafter referred to as the "defendant") are against the criminal act of this case, etc., the punishment imposed by the court below against the defendant (one year and three months of imprisonment) is too unreasonable.

Judgment

The Defendant committed the instant crime in a state of mental disorder (the original conviction was reduced by Article 10(2) of the Criminal Act) due to a man-made disease with symptoms of mental disorder, and there are circumstances, such as the Defendant’s conviction of the instant crime, and the Defendant is in profoundly against the Defendant while making a confession of the instant crime.

However, the Defendant committed the instant crime against the victim who is a juvenile, and the nature of the instant crime is very poor; the Defendant, who was sentenced to imprisonment with prison labor and a medical treatment and custody disposition for sexual assault crime, was released from a medical treatment and custody office and was released from the probation and the attachment of an electronic tracking device at the medical treatment and custody office, and committed the instant crime of the same kind at the same time; in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant set the applicable sentencing range (not less than a year but not more than 15 years), and the lower court’s sentence, which sentenced the Defendant not less than one year and three months to the lower limit of the Defendant within the scope of the recommended sentencing guidelines, appears to be within the appropriate sentencing range corresponding to the Defendant

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

In addition, Article 9(8) of the Medical Treatment and Custody Act provides that inasmuch as a defendant files an appeal on a specific criminal case, an appeal on a medical treatment and custody case shall be deemed to have been filed pursuant to Article 14(2) of the Medical Treatment and Custody Act.