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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the defendant and the applicant for medical treatment and custody (hereinafter “defendants”) (e.g., three years of imprisonment) are deemed to be too uneasible and unfair.
2. Determination
A. In light of the fact that the crime of this case in the part of the defendant's case was committed by the defendant, who is a high school student, attempted to kill the victim and attempted to do so by improving the level of damage, and the defendant did not take measures to recover the damage of the victim, etc., there is a need to strictly punish the defendant.
However, the court below's punishment against the defendant based on the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentencing conditions under Article 51 of the Criminal Act and the range of recommended sentencing guidelines under Article 51 of the Criminal Act, such as the circumstance after the crime, etc., of mental disorder caused by mental disorder such as a mental disorder caused by a mental disorder such as a mental disorder caused by a mental fission, the crime in this case is committed attempted, the defendant has no special criminal power other than the criminal punishment, and the victim's additional wifes are stated in a reply to the written investigation prior to the judgment. In addition, if the court below's punishment against the defendant is examined based on the defendant's age, character and behavior, environment, motive and means of the crime, etc
B. As long as a partial prosecutor filed an appeal against a prosecuted case, it is deemed that an appeal has been filed against a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act, however, the prosecutor failed to submit any specific grounds for appeal regarding a medical treatment and custody case, and the judgment of the court below is examined and reversed ex officio.
3. As such, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act.