A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On August 2, 2013, the Defendant was sentenced to five years of imprisonment with prison labor for rape, etc. of minors, and one year of sexual impulse medication, and the judgment became final and conclusive on April 10, 2014.

Since the Defendant was ordered to perform sexual impulse medication, the Defendant breached the obligation to faithfully comply with the sexual impulse medication in accordance with the Act on the Pharmacologic Treatment of Sexual Offenders’ sexual impulses during the treatment period. However, even though from November 8, 2017, the Defendant violated the above obligation by failing to comply with the instructions of the protective observation officer to faithfully respond to the sexual impulse medication in the Public Medical Care and Custody Center on January 1, 2018, which is the treatment period, while refusing to comply with the execution of the order of sexual impulse medication, including medication, from around November 8, 2017.

Summary of Evidence

1. A statement by the defendant to the effect that refusal of pharmacologic treatment is true;

1. Status of observation for protection (No. 26 No. 5 of investigation records);

1. Copy of the execution instruction of the medical treatment order;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 35 (2) and Article 10 (1) 1 of the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses against the relevant crime;

1. Determination as to the defendant and defense counsel's assertion of alternative imprisonment with labor

1. Emergency escape claim;

A. The defendant and his defense counsel asserted that the act of refusing to administer drugs constitutes an urgent escape, since the drugs administered in accordance with the sexual impulse medication order may deteriorate the heart disease of the defendant or cause serious side effects on brain damage and hmon system.

B. The “emergency escape” under Article 22(1) of the Criminal Act refers to an act that has considerable reason to avoid the present danger to one’s own or another’s legal interests. In order to constitute “an act with considerable reason”, first, the act of escape protects the legal interests in danger.