The appeal by the candidate for medical treatment and custody shall be dismissed.

1. The court below judged the defendant guilty of a prosecuted case and sentenced the applicant for medical treatment and custody to the medical treatment and custody application case, and only the applicant for medical treatment and custody filed an appeal regarding the medical treatment and custody application case.

Therefore, the candidate for medical treatment and custody and the defendant's case that the prosecutor did not appeal was separated and finalized.

The scope of this court's trial is limited to the medical treatment and custody claim.

2. According to the result of the mental evaluation of the applicant for medical treatment and custody conducted in the original trial, the applicant for medical treatment and custody is likely to undergo a mental diagnosis and re-offending due to mental illness. The applicant for medical treatment and custody has continuously received a mental therapy and the applicant for medical treatment and custody wishes to receive a treatment by being hospitalized in the hospital. As such, there is no need for the applicant for medical treatment and custody to receive medical treatment or risk of re-offending at the institution for medical treatment and custody.

Nevertheless, the court below's decision is unfair to sentence medical treatment and custody for the applicant.

3. The lower court determined that the medical treatment and custody of a candidate for medical treatment and custody is necessary in light of the circumstances as indicated in its holding based on the evidence duly adopted and examined by the lower court and the result of a mental assessment of the candidate for medical treatment and custody.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is sufficiently acceptable, and it did not err by misapprehending the legal doctrine as otherwise alleged by the applicant for medical treatment and custody.

4. The appeal filed by a candidate for medical treatment and custody is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act, since the appeal is groundless