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Defendant
In addition, the appeal by the recipient of the attachment order and the recipient of the medical treatment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant and the person who requested an attachment order and the person who requested a medical treatment order (hereinafter "defendant") were in a state of mental disorder under the influence of alcohol at the time of the instant crime.
B. The lower court’s sentence of unreasonable sentencing (20 years of imprisonment, 20 years of order to attach an electronic tracking device, 20 years of sexual impulse medication order, etc.) is too heavy.
2. Determination
A. According to the record, it is insufficient to recognize that the Defendant was under the influence of alcohol at the time of committing the instant crime, but, in light of the circumstances after committing the instant crime, etc. where most of the details are recognized, along with the background and method of the crime revealed by the investigative agency immediately after committing the instant crime, it is insufficient to recognize that the Defendant was under the influence of alcohol at the time of committing the instant crime, even in a state of mental and physical disability having weak ability to discern things or make decisions.
Even if the defendant was in a state of mental disability, it is reasonable to exclude the application of Article 10 of the Criminal Act, which is a mitigation provision for a person with mental disability, in accordance with Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, to the crime in this case.
The defendant's above assertion cannot be accepted.
B. We also examine the defendant's case on which an appeal on the assertion of unfair sentencing was lodged and the incidental disposition case on which an appeal was filed under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 8(7) of the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impharmacologic Treatment.
The defendant, who had already been living multiple times due to sexual crimes, was under the period of repeated crime that allows double punishment to the lower limit of the statutory penalty for the same crime, due to such criminal records.
Nevertheless, it is planned to use a deadly weapon in order to take one's sexual desire.