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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence imposed by the court below to the defendant and the person subject to the application for an attachment order (hereinafter referred to as "defendant") (limited to imprisonment for seven years, medical treatment and custody, and an attachment order for tracking electronic device for ten years) is too uneasible.
Judgment
The crime of this case on the part of the defendant case was committed by the defendant because the defendant purchased excessive materials as the idea of killing she would murder she, and then murdered the part of the victim on the road that he was possessed by math merely because he did not have an interest, and the result and possibility of criticism are serious, and the crime of this case was also bad in the number of criminal acts, and the defendant did not take measures to recover from damage, even though he did not take measures to recover damage, considering the fact that the defendant was suffering from extreme mental distress, such as the difficulty in shocking the impulse caused by mental disorder, and the lack of social ties, etc., there is a high risk of recidivism. In light of the above circumstances, the defendant should be punished strictly.
However, the crime of this case was committed in a state of mental disorder due to a stimulative disorder, which shows symptoms, such as the decline in the ability to determine the reality, the failure of shocking, etc., and the confession and reflect of the defendant, the defendant has no record of committing the crime using a deadly weapon, such as a knife, and the defendant's age, family relation, criminal record, character and conduct, occupation, environment, motive and circumstance of the crime, means and method of the crime, and all of the sentencing conditions, such as the circumstances after the crime, are considered to be too unjustifiable, and thus, the prosecutor's above assertion is without merit.
When a prosecutor files an appeal against a prosecuted case, Article 14 (2) of the Medical Treatment and Custody Act shall apply.