현주건조물방화등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too minor.
B. Dismissal of a request for medical treatment and custody is unreasonable.
2. Determination
A. The lower court determined the allegation of unfair sentencing, on the ground that the instant crime was committed by the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) to spread to the entire room by setting aside the means that the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) were living in the same building, and the ten households were living in the same building, and thus, there was a high risk and possibility of criticism in that a large number of harm to human life could have occurred if the brus were moved to another room, and the owner of the said building was willing to punish the Defendant, and committed the instant crime in a state of mental disorder caused by the bruptive disorder of the Defendant. The Defendant committed the instant crime in favor of the Defendant, such as the Defendant’s age, character and behavior, environment, family relationship, criminal records, criminal history, the circumstances and result, etc., by comprehensively taking into account all the factors of sentencing, including the Defendant’s age,
Even when considering the grounds for unfair sentencing stated by the prosecutor in the grounds for appeal, the lower court’s judgment is not deemed to have exceeded the reasonable bounds of discretion in light of the following factors: (a) conditions for sentencing specified in the process of examining the sentencing of the lower court; (b) conditions for new hearings in the trial; and (c) recommended sentencing guidelines by the Sentencing Committee.
Therefore, the judgment of the court below cannot accept the prosecutor's assertion on the ground that the punishment of the court below is too uneasible because it is too uneasible.
B. The lower court, based on its stated reasoning, has the need for the Defendant to receive medical treatment at a medical treatment and custody facility.
There is a risk of reoffending unless a medical treatment and custody is given or is given.