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Defendant
The appeal of the candidate for medical treatment and custody shall be dismissed.
Reasons
1. Part of the defendant's case
A. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
B. The Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) make a confession of all the instant crimes and repent their errors.
The Defendant, as a alcohol addict with dementia symptoms, has committed the instant crime in a state that he or she lacks the ability to discern things or make decisions under the influence of alcohol.
The crime of this case only caused property damage to the extent of KRW 500,000 by the defendant, and did not cause actual damage to the other person.
These circumstances are favorable to the defendant.
However, in 1975, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of attempted special robbery, and a fine of 300,000 won for the crime of damaging public goods in 199, and in particular, even though the Defendant was sentenced to suspension of indictment for the crime of attempted destruction of the present main building in 2012, he again committed the instant crime.
The place of the crime of this case is an apartment in which multi-households reside, and is highly likely to cause damage to the life and property of others due to the crime of this case.
These circumstances are disadvantageous to the defendant.
In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.
2. When a defendant has filed an appeal against a prosecuted case, he/she shall be deemed to have filed an appeal against a medical treatment and custody case pursuant to Article 14 (2) of the Medical Treatment and Custody Act.
However, the defendant presented the reason for appeal regarding the medical treatment and custody claim within the lawful period, but the defendant and his/her defense counsel made the first trial on June 20, 2013.