The part of the defendant's case shall be reversed.

Defendant

A candidate for medical treatment and custody shall be punished by imprisonment with prison labor for one year.

A. The sentence (two years and six months of imprisonment) imposed by the lower court on the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

B. The lower court erred by misapprehending the legal doctrine regarding the medical treatment and custody claim.

Furthermore, there is no need to receive medical treatment at a medical treatment and custody facility because the defendant is not suffering from the on-site disease, and there is no risk of recidivism by the defendant, so the court below erred by misapprehending the legal principles in recognizing the reasons for

2. Determination

A. With respect to the accused case, without any particular reason, the Defendant repeatedly committed crimes of assault, theft, bodily injury, obstruction of performance of official duties, and obstruction of business against many victims.

Defendant was punished several times for the same kind of crime in the past, and some of the crimes in this case were committed during the period of repeated crime.

Some victims are punished for the defendant.

However, each of the instant crimes committed by the Defendant was committed in a state that the Defendant was unable to discern things or make decisions due to his or her on-site illness.

According to the evidence adopted by the lower court and the results of the mental appraisal of the Defendant conducted by the lower court, the Defendant was treated at a mental hospital in the past due to symptoms of sternal illness, and was hospitalized at a mental hospital upon application by a police officer around June 10, 2018, and received treatment. The Defendant previously committed the same kind of crime over several times in a state of mental disorder caused by sternal illness, and each of the instant crimes committed repeatedly without any special reasons in a state of mental disorder.

Each of the crimes of this case is committed under the principle of accountability that the defendant committed in a state where normal judgment was significantly lacking due to the damage from the injury and injury caused by the death and injury, and the punishment shall be based on and proportional to the responsibility.