The appeal is dismissed.

The grounds of appeal are examined.

1. Criminal facts pertaining to the Defendant case should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the choice of evidence and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The first instance court, on the grounds as indicated in its reasoning, was in a state of mental and physical weakness at the time of each of the instant crimes, by the Defendant and the person who was subject to medical care and custody (hereinafter “Defendant”).

The court below affirmed the conclusion as it is.

Examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not recognize the Defendant’s mental and physical loss, and did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation.

The ground of appeal concerning misapprehension of other legal principles is that the defendant's ground of appeal or the court below's decision was not subject to the judgment ex officio, and it does not constitute a legitimate ground of appeal against the judgment of the court below.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. With respect to cases of request for medical treatment, custody and custody, the first instance court held that a person who committed a crime while the criminal defendant has a weak ability to discern things or make decisions needs to undergo medical treatment at the facilities for medical treatment, custody and custody and that the person is in danger

The court below determined that the defendant submitted any grounds for appeal.