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(영문) 서울고등법원 2016.01.28 2015노2170
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The crime of this case, which is a summary of the grounds for appeal, is committed in the state of undermining the sexual impulse ability due to mental disorder, such as a documentary evidence, etc., and the treatment and custody of the defendant is necessary.

2. Determination

A. As long as there is no request from the prosecutor under Article 4 of the Medical Care and Custody Act, the court’s judgment on the request for the medical care and custody cannot independently order the Defendant to conduct the medical care and custody. It is also insufficient to recognize the necessity of the prosecutor’s request for the medical care and custody (Article 4(7) of the Medical Care and Custody Act)

Therefore, this part of the defendant's argument is without merit.

B. We examine whether ex officio determination of sentencing is appropriate for sentencing of the lower judgment ex officio.

In the past, the Defendant is against all of the crimes of this case when he was found to have committed.

The defendant deposited five million won for the victim G.

In order to prevent recidivism by continuously receiving medical treatment from a psychiatrist, it is probable that the crypology, etc. of the Defendant had influenced each of the crimes of this case, and the Defendant seems to have endeavored to prevent recidivism.

However, the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) is an indecent act committed by a defendant against a victim who was divingd without being limited to a crime of intrusion upon a residence, and the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a Public Place for Sexual Purposes) is very bad, and the crime was committed in a toilet, a sloping room, etc. with an unspecified number of people for the purpose of stealing a woman, and the crime is not committed.

Although the Defendant had been sentenced to eight months of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she again committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) again again again again committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Each of the instant cases.

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