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Defendant
In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable for the Defendant and the person who filed the custody for the treatment and custody (hereinafter “Defendant”) to be sentenced to the lower court.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court on the part of the Defendant case, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new data on sentencing are submitted in the trial, and there is no change in the sentencing conditions compared to the lower court’s judgment. In full view of the various sentencing factors revealed during the pleadings of the instant case, the lower court’s sentencing was too heavy, too excessive, or so far, exceeded the reasonable scope of discretion.
It does not appear.
The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.
B. The part of the medical care and custody case is deemed to have filed an appeal regarding the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act inasmuch as the Defendant filed an appeal regarding the Defendant’s case. However, since the Defendant or his defense counsel did not submit any grounds for appeal regarding the decision of the court below’s medical care and custody decision, the appeal as to the part of the medical care and custody case
3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act. It is so decided as per Disposition.