The medical treatment and custody claim of this case is dismissed.

1. In fact, the applicant for a medical treatment and custody application is a mentally handicapped person whose intelligence index is only 31 years and 29 years old, and has committed any of the following crimes with imprisonment without prison labor or heavier punishment while having no ability to discern things or make decisions, while having no capacity to discern things and ability to discern things, the applicant for a medical treatment and custody application has a risk of recidivism and needs to be treated at the medical treatment and custody facility:

On November 18, 2015, around 14:41, 2015, the applicant for medical treatment and custody finds that the victim D (here, 8 years old) entered into the apartment site through a joint realization, and enters the joint realization by the victim, the victim d's arms coming from the direction of the elevator, being towed under the stairs of the victim's arms coming from the first floor to the underground parking lot, being towed under the stairs of the victim's arms coming from the direction of the elevator, the victim was placed on the inside floor of the infant, was divided into the victim into the body of the applicant for medical treatment and custody located above the body of the victim, and led the victim to the suppression of the victim's resistance, and the victim was kicked with the victim's hand, which would be able to live, and the victim's kicket and panty.

As a result, the candidate for medical treatment and custody committed an indecent act against the victim under 13 years of age.

2. Determination

A. A. Medical treatment and custody is a form of anti-human freedom, ethic security measure to accommodate mentally ill offenders who are in danger of recidivism in a medical treatment and custody facility to treat and improve their rehabilitation, facilitate their rehabilitation into society, and thereby to ensure the safety of the general public and society.

In light of the fact that the medical treatment and custody for mentally ill offenders is premised on an infringement on the personal freedom in order to promote social safety and also entails an irregular compulsory treatment within the period of confinement at a medical treatment and custody facility (15 years), the court shall decide whether to grant medical treatment and custody in proportion to the principle of proportionality.