The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The judgment below

(2).

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court of the Defendant case (one year of imprisonment) is too unreasonable.

B. Since the Defendant and the person who filed for the medical care and custody case (hereinafter “Defendant”) have completed the term of punishment, and the hospital voluntarily received appropriate medical treatment at the hospital, the hospital’s treatment and custody facility for mental illness is not required to receive medical treatment.

In addition, the Defendant had been subject to the treatment and custody disposition in the past, and this disposition did not have an effect on the treatment of mental diseases. Therefore, the lower court’s judgment that sentenced the treatment and custody is unreasonable.

2. Determination

A. Each of the instant crimes committed by the Defendant in the part of the instant case is to interfere with the Defendant’s business place in several times, leading the victims to their business place.

Defendant has been under criminal punishment several times due to violent crimes, larceny, etc., and committed each of the crimes of this case even during the period of repeated crime due to the same kind of crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognizes all of his crimes and is against himself.

At the time of each of the crimes in this case, the Defendant was in a state of mental and physical weakness due to mental division disease.

Some victims do not want to punish the defendant.

Such circumstances are the circumstances in which the defendant can be considered favorably.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, character and conduct of the defendant, the environment, the circumstances and results of the crime, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

B. According to the evidence duly admitted and examined by the lower court on the part of the medical care and custody case, the Defendant was hospitalized several times at a mental hospital due to Cho Jae-gu’s illness, and the method of receiving the hospital on January 31, 2008.