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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. The main point of the grounds for appeal is that the punishment (one year of imprisonment and one year of medical treatment and custody) sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter “defendants”) is too unreasonable.
2. Determination
A. It is recognized that part of the defendant's case committed the crime of this case in a state of mental disorder caused by mental division.
① However, the instant case is a crime that interferes with the performance of official duties by assaulting a police officer without a reasonable and reasonable reason to express complaints to the police officers regarding the judgment related to the previous offense, while the Defendant was sentenced to a three-year suspended sentence due to the crime of attempted murder for committing murder, and at the same time, commits a crime that contains considerable risk as a crime. ② The Defendant refers to the surrounding persons up to this court as a mentally ill person, discusses complaints against society, and shows an attitude toward damage. As such, the Defendant has no proper treatment and correction against the Defendant, and the Defendant’s age, character, character, environment, family relationship, details and contents of the crime, etc., and all of the various sentencing conditions indicated in the instant argument, including the Defendant’s age, character and behavior, family relationship, circumstances after the crime, etc., are considered unreasonable.
Therefore, this part of the defendant's argument is without merit.
(b) If the part of the medical treatment and custody application case has filed an appeal against a prosecuted case, the application for medical treatment and custody shall be deemed to have filed an appeal pursuant to Article 14(2) of the Medical Treatment and Custody Act.
However, the following circumstances, which can be seen by comprehensively taking account of the evidence duly adopted and examined by the court below and the contents of the arguments by this court, i.e., the defendant's early illness appears to be more favorable than at the time of committing the crime.