In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

A. The sentence (five years of imprisonment and confiscation) imposed by the lower court on the Defendant and the person in charge of care and custody (hereinafter “Defendant”) is too unreasonable.

B. The part of the medical care and custody claim is that the defendant has a mental disorder.

However, in light of the fact that the injured party was forced to have another neighbor before the misunderstanding due to the defendant's neighbor's neighbors, and on February 7, 2002, the Incheon District Court was sentenced to imprisonment with prison labor for 8 months for special larceny and 2 years for suspended execution, and there is no other crime that has been committed until now, the degree of mental disorder of the defendant is serious.

shall not be deemed to exist.

The Defendant, with the instant case, was able to recognize and treat his own mental disease.

The treatment can be supported by the family in the process of treatment.

Thus, there is a need to treat the defendant as well as a danger of recidivism in the treatment and custody facilities.

subsection (b) of this section.

2. Determination

A. The Defendant committed the instant crime in a state that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to other unaggravated disorder.

However, the crime of this case was committed in attempted crimes, and the defendant recognized a significant portion of the objective facts of the crime of this case and divided them.

On the other hand, the defendant's female students want to take the defendant's wife.

Such circumstances are the circumstances that would be favorable to the defendant.

On the other hand, the crime of this case is an important part of the body, such as the victim, who was in a state of influence by excessive use, is waiting for the victim at the time when the victim was waiting to kill the victim while he was dissatisfied with noise generated in the process of opening the door of the victim.