The appeal of the candidate for medical treatment and custody shall be dismissed.

A. At the time of the instant crime, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) had alcohol respect and depression, and had weak ability to properly separate things or make decisions under the influence of alcohol.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

C. The lower judgment that sentenced the Defendant to medical treatment and custody is unlawful, even though it is not recognized that there is a need to receive medical treatment or a risk of recidivism at the medical treatment and custody facility.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is found to have been in a state as alleged by the defendant at the time of the crime in this case, but in light of various circumstances such as the situation at the time of the crime and the defendant's act before and after the crime in this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to the above circumstances at the time of the crime.

B. Even when considering the circumstances favorable to the defendant, such as the fact that the defendant was under treatment for 8 years prior to his mistake and living alone while living alone, and some circumstances to take account of the circumstances leading to the instant crime, all of the criminal records of the defendant are violent-related crimes, and the defendant committed the instant crime during the period of repeated crimes without being able to have been punished one time a fine and two times a suspended sentence of imprisonment with labor for the same kind of crime as the instant crime, even though he had already been punished three times due to the same crime, and the criminal records of the defendant committed the instant crime during the period of repeated crimes, most of the criminal records are under the influence of alcohol, and such crimes also constitute the instant crime.