현주건조물방화
The defendant's appeal is dismissed.
A custody applicant shall be treated and custody at the request of a public prosecutor in the court.
The main point of the grounds for appeal is that the punishment (one year of imprisonment) imposed by the court below on the defendant and the person who applied for the medical care and custody (hereinafter referred to as "defendant") is too unreasonable.
Judgment
If there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials for sentencing have not been submitted in the trial, and in full view of the reasons for sentencing revealed during the argument of the instant case, the lower court’s sentencing was too large and exceeded the reasonable scope of discretion.
It does not appear.
The defendant's ground of appeal is without merit.
In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is decided as follows after the pleading about the treatment and custody case requested by the prosecutor in the trial.
【The grounds for the judgment on the part of the Medical Care and Custody Case】 The facts constituting the grounds for the Medical Care and Custody Case acknowledged by the court below are the horses of the court below’s “criminal facts” as stated in the judgment below, and there is a need to receive treatment at the Medical Care and Custody Facility as a person who committed a crime corresponding to imprisonment without prison labor or heavier punishment, as stated in the judgment of the court below, in the state that the defendant’s other criminal facts are changing the right or lacks the ability to distinguish things or make decisions due to the other habit
With the exception of adding "," it is the same as the statement in the criminal history of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence recognized by this Court is as follows: "The necessity of treatment as indicated in the judgment and the risk of recidivism" in the end of the judgment of the court below: it is recognized by the above evidence.