2. Determination

A. The crime of this case on the part of the defendant case is a semi-human crime that the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendant") murdered the victim's own knife several times, and the nature of the crime is extremely poor, the result of the crime is very serious, and the life of a person cannot be altered, and thus, the crime of this case needs to be strictly punished against the defendant is disadvantageous to the defendant.

However, the Defendant is against the Defendant’s recognition of the instant crime, and the Defendant committed the instant crime in a state that he/she lacks the ability to discern things or make decisions due to a bipolartic disorder, division reduction disorder, etc., and the Defendant is the primary offender who has no previous criminal record, etc. are favorable to the Defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, all of the sentencing conditions as shown in the instant argument, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s punishment is not deemed to be unreasonably weak.

B. The part of a medical treatment and custody case is deemed to have filed an appeal regarding a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act inasmuch as a prosecutor filed an appeal against a prosecuted case. However, the prosecutor did not submit any grounds for appeal regarding a medical treatment and custody case, and the judgment of the court below does not find the grounds for reversal ex officio.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act on the ground that it is without merit. It is so decided as per Disposition.