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The judgment below
The part of the case of medical treatment order shall be reversed and remanded to the Seoul High Court.
Reasons
1. Examining the reasoning of the lower judgment as to the prosecuted case in light of the evidence, the lower court did not err by misapprehending the legal doctrine as to the mistake of facts against the rules of evidence, confession and mental and physical disorder.
In addition, according to the evidence and records adopted by the court below and the circumstances that form the conditions for sentencing, such as the age, character and conduct, environment, family relationship, motive, means and process of the crime, and circumstances after the crime, of the defendant and the person subject to attachment order and the person subject to attachment order as well as the person subject to a request for attachment order (hereinafter “the defendant”), which are recognized by the court below, the court below did not err in the imposition of 22-year imprisonment with labor
2. With respect to each of the above cases as to a request for attachment order or medical treatment and custody request, no statement of grounds for objection shall be stated in the petition of appeal or appellate brief;
3. Requests for medical treatment orders shall be deemed ex officio;
A. The order of treatment of sexual impulses by the Act on Pharmacologic Treatment of Sex Offenders (hereinafter “Pharmacologic Treatment Act”) (hereinafter “pharmacologic treatment order”) is a security measure to provide a treatment to a sexually ill person 19 years of age or older who has committed a sexual crime and who is deemed likely to recommit a sexual crime for a certain period of time, such as medication and psychological treatment. As a matter of principle, the administration of drugs that may cause permanent change to the body after the completion of punishment is implemented for a considerable period of time without the consent of the respondent, and thus, constitutes a direct and influent disposition for the freedom of body and right to self-determination guaranteed by the Constitution.
Therefore, it is necessary to prevent recidivism and return to society in spite of the execution of punishment for a long period of time.