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Defendant
In addition, both the respondent for the attachment order and the respondent for the treatment order and the prosecutor's appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Insane and the person who requested an attachment order and the person who requested a medical treatment order (hereinafter “Defendant”)
A) At the time of the instant crime, the Defendant was in a state of being unable to discern things or make decisions. (2) The sentence of the lower court’s sentence on the Defendant of unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable.
B. A prosecutor 1) Although the Defendant was not in a state of mental disability at the time of committing the instant crime, the lower court determined that the Defendant was in a state of mental disability at the time of committing the instant crime by misunderstanding the facts or by misapprehending the legal doctrine on mental and physical disorder, and thus, was in a state of mental disability at the time of the instant crime.
2. Part of the defendant's case
A. In light of the circumstance before and after the instant crime, the background leading to the crime, the defendant's behavior and the mental appraisal of the court below, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendant's assertion of mental disorder and the prosecutor's allegation of illegality of mitigation of mental disorder, the opinion that "the defendant shows the symptoms of "the defendant's current use of harmful alcohol and the composite disability of sexual preference (e.g., g., g., e., e., g., e., g., sexual disorder and alcohol harmful use at the time of the crime, and it is found that the defendant committed a crime under the state of mental disorder" was found to have the ability to discern things or make decisions at the time of the instant crime (However, the crime of alcohol addiction in the judgment of the court below seems to have been in the state of mental disorder at the time of the instant crime, and further, it does not seem that the defendant had a state of mental disorder at the time of the crime.
According to this, the defendant was at the time of committing the crime of this case.