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The judgment below
The part of the request for medical treatment order shall be reversed.
The request for medical treatment order of this case is dismissed.
Reasons
1. Progression of litigation and scope of adjudication of this court;
A. On July 11, 2003, the lower court found the respondent guilty of all charges of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Rape, etc.) against the victim D (the age of 14) on September 23, 2003, and of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (the age of 11) against the victim F (the age of 11) on September 23, 2003. At the same time, the lower court sentenced the respondent to 7 years of imprisonment with prison labor and medical treatment and custody, as well as to 20 years of attachment and imposition of an electronic tracking device for the respondent, and to 5 years of sexual impulse medication.
B. Prior to remand, the respondent filed an appeal on the grounds that the said judgment is erroneous or misunderstanding of legal principles, unreasonable sentencing, an order to attach a medical treatment and custody, and an order to impose a medical treatment order.
Therefore, with respect to the facts charged by the court below against the victim D, which the court below found guilty, it judged that there was no proof that the respondent used the knife, which is a dangerous object at the time of committing the crime. On the other hand, the court below convicted the victim D of the charges of violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (residential Rape, etc.) against the victim D, and sentenced the respondent to imprisonment with prison labor for 6 years and medical treatment and custody, and at the same time, the court below reversed the judgment and sentenced the respondent to imprisonment with prison labor for 20 years and medical treatment and custody, and imposed the victim with sexual impulse treatment for 5 years, respectively.
C. The person who requested the reversal by the Supreme Court and the person who requested the remand to this court filed an appeal against the judgment of the party before remanding the case, and the Supreme Court has the part of the case of medical treatment order claim before remanding the case.