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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. In the instant case, the lower court rendered a not-guilty verdict on the charge of assaulting on September 2, 2014 among the facts charged in the instant case, and dismissed the relevant public action on September 26, 2014, and convicted all of the remainder of the charges, and ordered the Defendant to take medical care and custody measures by accepting the prosecutor’s request in relation to custody cases.
Therefore, since only the defendant and the person who filed a custody for the treatment and custody (hereinafter "defendant") filed an appeal against the above guilty part and the part on each of the above assaults for which public prosecution was dismissed are affirmed as they are, this part is excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. Illegal sentencing on the part of the defendant case: The sentence of the court below (one million won per punishment) is too heavy.
B. The Defendant does not have any risk of recommitting a crime, and there is no need to receive treatment at the treatment and custody facility.
However, it is unreasonable that the court below ordered the treatment and custody of the defendant.
3. Determination
A. As to the part of the Defendant case, the lower court sentenced the Defendant to a fine by comprehensively taking account of the unfavorable circumstances against the Defendant, as stated in its reasoning.
Although the Defendant had intellectual disability falling under class 2 and was placed in a state of mental disorder at the time of committing each of the instant crimes, and sufficiently considering the circumstances favorable to the Defendant, such as agreement with the victims, the lower court’s fine imposed on the Defendant is heavy in light of the following circumstances.
subsection (b) of this section.
Although the Defendant had committed the same kind of crime that had already been committed before each of the instant crimes, it is several times such as suspension of indictment, suspension of sentence, fine, etc. according to the Defendant’s principal and his/her guardian’s endeavor to prevent re-offending.