치료감호
The prosecutor's appeal is dismissed.
1. It is unreasonable for the court below to dismiss the application for medical treatment and custody even though the applicant for medical treatment and custody has a risk of recommitting a crime and needs to receive medical treatment at the medical treatment and custody center.
2. In full view of the circumstances such as the fact that the compulsory confinement of a candidate for a medical treatment and custody in a medical treatment and custody facility is merely a compulsory confinement in a medical treatment and custody facility without any mental or emotional stability, and that there is a risk of overmining the legal interests of the candidate for a medical treatment and custody. The court below dismissed the request for a medical treatment and custody on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the candidate for a medical treatment and custody facility needs to receive medical treatment, and that there is no other evidence to acknowledge it
The judgment below
Examining the reasoning in comparison with the records of trial, the above judgment of the court below is just and acceptable.
The prosecutor's assertion is without merit.
3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 51 of the Medical Treatment and Custody Act and Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless