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Defendant
In addition, the appeal filed by the person who requested the attachment order and the person who requested the treatment and custody order shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Improper sentencing of the lower court is too unreasonable.
B. Although the illegal defendant and the requester for an order to attach an electronic device, and the requester for a medical care and custody (hereinafter the defendant) do not constitute a mentally disabled person as stipulated under Article 2(1)3 of the Medical Care and Custody Act, it is unreasonable for the court below to order the Defendant to take a medical care and custody.
2. Determination
A. It is recognized that the part of the case of the defendant committed the crime of this case in a state of mental and physical weakness due to the fact that the defendant committed the crime of this case under the state of mental and physical weakness due to the unfoldment of the deceased type.
However, the defendant again committed the crime of this case even if he had a criminal record of several times, and the crime of this case was committed by assault by the defendant to put his sexual organ inside the mouth of the victim, and the nature of the crime is not good. The defendant did not agree with the victim until he was tried to rape, the defendant did not agree with the victim, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is too unreasonable for the court below's punishment to be too unreasonable. Thus, this part of the defendant's assertion is without merit.
B. The following circumstances, which are acknowledged by the court below, based on the evidence duly adopted and examined by the court below, (i) the defendant was punished for the same crime, and (ii) the defendant was finally sentenced by the Seoul High Court on September 11, 2008 to imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc. before the crime of this case, and (iii) the method of the crime is very similar to the crime of this case; and (iv) the mental appraisal report of the defendant in the above case is a mentally divided patient, and the defendant is a mental medical specialist for the treatment of mental disorders, social adaptation, and prevention of recidivism.