The judgment below

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

A defendant shall be punished by imprisonment for five years.

The judgment below

an attachment order.

1. Summary of grounds for appeal;

A. The defendant's case and the case of applying for an attachment order

The sentence of the lower court (one year of imprisonment, two years of attachment order of an electronic tracking device, etc.) on the one hand is too unreasonable. (2) The sentence of the lower court on the other hand is too uneasible and unreasonable.

B. It is unreasonable for the lower court to dismiss the application for medical treatment and custody even though the need for medical treatment and custody was high to the Defendant according to “the result of evaluating the risk of recidivism and the mental health” prepared during the existing medical treatment and custody application process

2. The crime of this case regarding the part of the defendant's case is deemed to have committed the crime of this case by notifying the victim who is a juvenile under the age of 13 of the way so that the defendant would know the way to the victim, who was born by the vehicle, and the person was flick-in, and the victim was raped and suffered bodily injury in the course of the crime. The crime is highly poor in light of the method, circumstance, result, etc. of the crime of this case by using any of the victim who was not

Although there have been a lot of time since the crime of this case occurred in 2000, the victim has suffered a big mental and physical pain up to now, and has been punished for the defendant.

However, after the defendant was sentenced to medical treatment and custody on May 13, 2009 (Seoul High Court 2009No14) due to rape, etc., the defendant was confined to a public medical treatment and custody center on June 3, 2009, and was currently being admitted for more than nine years up to the present day, and various medical treatment programs are faithfully implemented at a medical treatment and custody center, such as sexual impulse drugs or cognitive behavioral therapy. The crime of this case should be considered at the same time as the crime of rape, which became final and conclusive on February 9, 2001, and the crime of injury to rape, which became final and conclusive on May 21, 2009, the defendant should take into account equity in the case of the defendant's injury to rape, as well as the crime of injury to rape, and as to the suffering of the victim's injury due to his wrong behavior, and all of the crimes to prevent recidivism.