All of the prosecutor's appeal and request for medical treatment and custody are dismissed.

1. The lower court’s sentence (two months of imprisonment, two years of suspended sentence, and probation) against the accused and the candidate for medical treatment and custody (hereinafter “defendants”) is deemed unreasonable as it is too uneasible to the gist of the grounds for appeal.

2. The crime of this case in the judgment on the grounds of appeal is not against the nature of the crime, due to the following: (a) the Defendant, on the new wall, destroyed the glass window of the corridor that is owned by the victim, and destroyed the crime prevention network, on the ground that the sound of the Defendant using water from the victim’s house is displayed on the victim’s house.

These points are disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that the defendant suffers from the stimulative disorder, the fact that the damage caused by the crime of this case is not relatively serious, and the defendant does not want the punishment of the defendant by mutual consent with the victim in the trial.

As above, considering comprehensively taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., including the circumstances favorable to the Defendant, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument of unfair sentencing cannot be accepted.

3. The prosecutor’s request for medical treatment and custody against the defendant at the trial of the court for the determination of the medical treatment and custody claim shall be determined as follows:

The summary of the facts constituting the cause of a request for medical treatment and custody has committed a crime corresponding to imprisonment without prison labor or heavier punishment, as stated in the facts constituting a crime in the judgment below, under the state that the defendant lacks the ability or intent to discern things due to symptoms, such as bipolartic and emotional disorder, etc., and

B. The judgment of the first instance court and the evidence duly adopted and examined by the court of the first instance.