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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The court below held that the defendant needs to receive outpatient treatment as a mentally and mentally disabled person and is likely to repeat a crime.
On the other hand, the judgment of the first instance ordering to receive treatment for a period of two years was maintained.
The judgment below
Examining the reasoning of the record in light of the record, the lower court did not err as alleged in the grounds of appeal.
Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be lodged on the ground that the judgment of the court below affected the judgment.
Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the argument that the lower court’s fact finding is not a legitimate ground for appeal, which practically contests the lower court’s finding of facts.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.