An appeal is filed against the part of the defendant's case and the prosecutor's medical treatment and custody case.

A. The punishment imposed by the court below on the defendant and the person subject to medical treatment and custody, the person subject to a request for attachment order, or the person subject to attachment order (hereinafter “defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (e.g., both forms of punishment) is too unfasible and unfair. 2) Even if the Defendant was subject to medical treatment and custody, it is not guaranteed that the Defendant completely recovers from the sternal disease, etc., and thus, it is highly likely that the Defendant will repeat the attachment order. Therefore,

2. Determination

A. The Defendant’s instant case committed an attempted murder of the victim by taking the kitchen knife with the kitchen knife while leaving the room, and attempted to kill the victim. As a result, the victim suffered a serious injury by de facto losing the eyesight of the right eye, and the victim suffers a big mental pain even at present.

However, there are favorable circumstances such as the fact that the defendant seems to have reached the crime of this case due to early illness, the fact that the defendant voluntarily surrendered, and the fact that the crime is divided and reflected.

In full view of such circumstances and the sentencing criteria set by the Sentencing Committee and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the instant crime, etc., the lower court’s sentencing judgment cannot be deemed to have exceeded the reasonable bounds of its discretion. There is no change in sentencing conditions that may deem it unreasonable to maintain the lower court’s sentencing judgment as it is. Thus, it cannot be deemed that the sentence of the lower court is too heavy or unreasonable.

Therefore, we do not accept all the defendant and prosecutor's allegation of unfair sentencing.

B. As long as the prosecutor and the defendant have filed an appeal against a prosecuted case, the medical treatment and custody application case shall be also filed under Article 14(2) of the Medical Treatment and Custody Act.