A candidate for medical treatment and custody shall be punished by medical treatment and custody.

A. The part of the Defendant’s case (an unfair assertion) of the lower court’s punishment (one year and six months of imprisonment) against the Defendant is too unhued and unreasonable.

B. The judgment of the court below that dismissed the request for medical treatment and custody when the applicant for medical treatment and custody part of the medical treatment and custody application claim (hereinafter “defendant”) requires medical treatment for an illegal period of time with respect to alcohol remaining after proof and high risk of recidivism is unreasonable.

2. Determination

A. The Defendant’s crime in the part of the instant case is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant did not make any effort to recover damage and the Defendant did not make any agreement with the victims; and (b) the nature of the crime was not somewhat weak; (c) the victim F was suspected of brain damage; (d) the victim F was unable to lead a daily life without any aid from others; and (e) the victim was suffering from serious injury to the extent that continuous medical treatment is needed due to brain damage; and (e) the Defendant did not make any effort to recover damage and there was no agreement with the victims.

However, considering the fact that the Defendant was subject to a fine twice prior to 10 years, other than that of the Defendant, there is no criminal history, and that the Defendant was suffering from blood-related diseases, alcohol-related diseases, etc., and thus, the Defendant appears to have committed the instant crime in the state of mental and physical disability by drinking alcohol, and the need for medical treatment of the blood-related diseases and alcohol-related diseases suffering from the Defendant, and other various sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the crime, etc., the lower court’s punishment against the Defendant cannot be deemed to be unfair because it is too uneasible.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

(b) The risk of repeating a crime which is a requirement for one medical treatment and custody application part of the medical treatment and custody application case shall be adequate to block a person subject to medical treatment and custody from committing a crime in the future