Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant in part of the defendant's case is too unreasonable.

B. The lower court’s order of medical treatment and custody to the Defendant is unreasonable in the absence of the risk of recidivism and the need for medical treatment.

2. Determination

A. The Defendant committed the instant crime in a state which lacks mental and physical knowledge due to intellectual disability and tidal wave, and all of the instant crimes were led to confession and reflect on all of the instant crimes.

After the defendant put a fire on his own, the crime was committed by making a fire report by him, resulting damage is minor, and the Korea Land and Housing Corporation does not compensate for damage.

In addition, the current state building and fire prevention crime of which judgment has become final and conclusive and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act should be taken into account at the same time with the case of judgment,

However, the crime of this case was committed by attaching a fire to the suspension of bruma at the burg where many people reside, and it was committed by gathering it in the next house, and it was attempted.

The crime of fire prevention is a large fire that may cause serious victims or cause large-scale property damage, and the liability for such crime is not easy.

In particular, considering the fact that the defendant is being tried for the crime of the same kind of latter concurrent crimes, there is a high possibility of criticism.

In addition, considering the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, etc., the sentencing conditions under Article 51 of the Criminal Act and the range of recommended sentences according to the sentencing guidelines under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed as improper

This part of the defendant's assertion is without merit.

B. The Defendant is not a medical treatment and custody center.