The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and nine months of imprisonment.

2.1 excessive seizures.

1. Before the judgment on the grounds for appeal by both parties of the judgment ex officio, the prosecutor filed a claim for the medical care and custody of the defendant and the person who filed for the medical care and custody (hereinafter “defendant”) before the judgment on the grounds for appeal by the court, and the court decided to combine this case with the defendant and accepted the claim for the medical care and custody of the defendant as seen below. Thus, the judgment of the court below was no longer maintained.

2. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair sentencing argument of the defendant and the prosecutor, and it is again decided as follows.

【Judgment to be used again] Criminal facts and facts acknowledged by this court are identical to the facts in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act, and the facts constituting the grounds for the treatment and custody are as follows.

[Judgment of the court below] The defendant committed the above crimes in a state that the defendant has a lack of the ability to discern things or make decisions due to illness, and there is a need to receive medical treatment at the care and custody facility for treatment, and there is a risk of recidivism.

Summary of Evidence

The gist of the evidence recognized by this court is as follows, except for adding “the need for treatment at the treatment and custody facilities as indicated in 1. The need for treatment and the risk of recidivism” to the last part of the judgment of the court below (under the second two parallels of the judgment of the court below) and “the risk of recidivism” as indicated in the summary of the evidence. Therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act.

1. The following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by this court at the treatment and custody facility in its holding, namely, ① the Defendant from Jun. 13, 2014 at K Hospital.