The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The treatment, custody and custody applicant shall be treated, and stored.

The gist of the grounds for appeal is that the mental and physical weak defendant and the person in charge of care and custody (hereinafter referred to as the "defendant") were not physically and mentally weak at the time of committing the instant crime due to a mental fission, etc.

It is unfair that the sentence of the court below (two years of imprisonment with prison labor) is too unreasonable.

According to the statement of a mental appraisal document prepared by Telecommunications of the Public Medical Care and Custody Center for the defendant according to the entrustment of a mental appraisal for the determination of the claim for mental and physical weakness, it can be recognized that the defendant was suffering from fluence and alcohol, and it can be recognized that the defendant had a weak state of ability to discern things or make decisions at the time of committing the crime of this case. Therefore, the defendant's appeal pointing this out has merit.

In conclusion, the defendant's argument on the grounds of appeal related to the mental and physical weakness is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair judgment on his or her unfair judgment, and the following is again decided after the pleading, but the prosecutor filed a request for medical care and custody in the trial.

Criminal facts

Article 369 of the Criminal Procedure Act provides that "The defendant of 4 conduct of the judgment of the court below shall accept the part of "when suffering from depression, chronic pulmonary pulmonary disease, etc., and suffering from marrious pulmonary pulmonary pulmonary disease, etc., and suffering from suffering from marry pains, alcohol, etc., and lacks the ability to discern things or make decisions," as stated in the corresponding column of the judgment of the court below.

The Defendant is a person who committed a crime corresponding to imprisonment without prison labor or a heavier punishment in a state that he/she lacks the ability to discern things or make decisions due to his/her symptoms of the period of the therapy, alcohol, etc., and is in need of a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

The judgment of the court below is below at the bottom of the relevant column.