Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

1. Part of the defendant's case

A. The summary of the grounds for appeal (1) The defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") alleged mental disorder is erroneous in the misapprehension of the legal principle as to mental disorder, although the mental disorder at the time of the crime in this case was in the state of mental disorder.

(2) The sentence imposed by the lower court (seven years of imprisonment) on the ground of unfair sentencing is too unreasonable.

B. (1) In full view of the background of the instant crime, the method and content of the instant crime, the Defendant’s behavior and attitude as revealed before and after the instant crime, and the result of the mental appraisal of WW affiliated with the Ministry of Justice, which are acknowledged by the evidence duly adopted and examined by the lower court, the Defendant is found to have been in a state of lacking capacity to distinguish things or make decisions at the time of the instant crime, but does not seem to have reached a state of loss of capacity. Therefore, in the same purport, the sentence shall be mitigated by applying Article 10(2) of the Criminal Act to the Defendant, and the lower court’s judgment, which did not apply Article 10(1), cannot be deemed to have erred by misapprehending the statutes on the grounds for exemption from liability under the Act, or by misapprehending the fact

(2) The Defendant’s assertion of the chief of the sentencing division is a criminal act committed in a state of mental disability due to mental division, and each of the instant crimes is a criminal act committed in a state of mental disorder, following the Defendant’s continuation of the crime of this case. The Defendant’s continuation of the crime of this case was immediately after the Defendant committed the crime of this case.