1. Examining the circumstances revealed in the records, such as the background leading to the instant crime, method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the instant crime, which are revealed by the evidence duly admitted by the lower court as to the instant case, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and process of committing the crime, and circumstances after committing the crime, the lower court cannot be deemed to have sentenced the Defendant to 10 years of imprisonment.

2. As long as a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the medical treatment and custody application case shall be deemed as an appeal.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.