Defendant

In addition, the appeal filed by the person who requested the attachment order and the person who requested the treatment and custody order shall be dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) A mentally and physically handicapped Defendant and a person who requested an attachment order and a person who was subject to a custody order (hereinafter “Defendant”) should be mitigated from punishment on the ground that the crime of rape and compulsory indecent act in this case was committed with mental disorder and alcohol, and thus, the mental disorder and the state of mental or physical injury or loss.

2) The punishment sentenced by the lower court to the Defendant (one hundred years of imprisonment) is too unreasonable.

B. It is unfair that the court below ordered the defendant to attach an electronic tracking device for a period of 10 years, although the defendant does not pose a risk of recommitting a sexual crime, and even if not, the court below's order the defendant to attach an electronic tracking device is too excessive.

(c)

It is improper for the court below to order the defendant to take care of the treatment and custody although the defendant does not pose a risk of recidivism.

2. Determination on the defendant's case

A. The mental disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental disorder requires that the mental disorder, such as mental disorder or abnormal mental condition, other than mental disorder, caused by such mental disorder, lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with a mental disorder was a person with a normal mental disorder at the time of committing the crime, he cannot be deemed a mental disorder if he had the ability to discern things and control action (see Supreme Court Decision 92Do1425, Aug. 18, 192, etc.). According to the evidence duly adopted and examined by the court below, the fact that the defendant was under alcohol at the time of committing the crime of rape in this case, and the fact that the defendant had a specific impossible personality disorder, which shows alcohol abuse, identification marks, and anti-social personality orientation, can be acknowledged.

However, the following circumstances acknowledged by the above evidence, i.e., sexual intercourse with the criminal investigation agency in relation to the crime of rape in this case, are well established.