The prosecutor's appeal is dismissed.

1. The court below sentenced the defendant and the person who applied for the medical care and custody (hereinafter “the defendant”) to a judgment of conviction on the defendant’s case, and sentenced the defendant to a medical care and custody application. Since the court below appealed only to the prosecutor, the part of the court below’s judgment regarding the medical care and custody application is not recognized as the prosecutor’s appeal interest.

Therefore, notwithstanding Article 14(2) of the Medical Care and Custody Act, the part of the judgment below's claim for the medical care and custody does not fall under the scope of this court's trial.

2. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the court below found the Defendant not guilty of the facts charged of the robbery of this case on the ground that the Defendant had committed the robbery of this case, although it was sufficiently recognized that the Defendant committed the crime.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, one year of confiscation) is too unhued and unfair.

3. Determination

A. Examining the reasoning of the lower judgment as to the assertion of mistake of facts in comparison with the evidence duly admitted and investigated by the lower court, the lower court is just and acceptable to have rendered a not-guilty verdict on the facts charged of injury to robbery of this case, and there is no illegality of misunderstanding of facts, and thus, the Prosecutor’s assertion of mistake

B. As to the unfair argument of sentencing, the prosecutor’s assertion on this part is not acceptable, given that the sentence imposed by the court below is too uneasible and unfair, in a comprehensive examination of all the conditions of sentencing indicated in the argument and record, including the circumstances unfavorable to the defendant and favorable circumstances, as stated in the column of “reasons for sentencing” of the court below.

4. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.