Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) (1) at the time of committing the instant crime, there was a mental disorder or mental health disorder.

(2) The punishment sentenced by the lower court (eight years of imprisonment) is too unreasonable.

It is improper that the court below exempted the defendant from the disclosure notification order and dismissed the request for attachment order even though the defendant is dangerous to repeat the crime.

Judgment

According to the mental appraisal document prepared by the doctor N of the Medical Treatment and Custody Center for the existence of mental or physical disorder, the present defendant's recognition function is insignificant compared to normal persons. However, according to the evidence, the case is memory, there is no particular problem about the ability to lead a daily life, and there was no mental symptoms such as crymatization, and so forth, it is difficult to view that the defendant had no or weak ability to discern things due to intellectual disability at the time, in light of the various circumstances indicated in the records, such as the detailed method of the crime in this case and the defendant's attitude before and after the crime.

This part of the defendant's assertion is not accepted.

Although whether or not the defendant is in a mental and physical state, the recognition function of unfair sentencing is somewhat low, and there is no criminal record for the same kind of crime, and all of the crimes seems to be acceptable and against the defendant. However, by using intellectual disability, the victim known in the park has sexual intercourse with the victim on a total of six occasions, etc., the method of crime is very poor in terms of the nature of crime and criminal intent, and the victim did not take all measures to recover damage even though he had experienced serious shock and pain, such as being pregnant by the crime of this case and being subject to surgery, etc., and the victim did not take all measures to recover damage.