The judgment below

The part of the defendant's case shall be reversed.

Defendant

A candidate for medical treatment and custody shall be punished by imprisonment for two years.

The summary of the grounds for appeal (as to the part of the case of the defendant), the punishment sentenced by the court below to the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") is too uneased and unfair.

Judgment

The defendant does not have any previous conviction regarding the part of the defendant's case.

The defendant seems to have committed each of the crimes in this case in the state of mental disability due to the influence of the early disability, etc.

The amount of damage to each of the crimes of this case is not so significant, and the degree of each of the crimes of this case is relatively minor, and the damage is not heavy.

This is the circumstances favorable to the defendant.

However, the Defendant continued to commit each of the instant crimes in a short time.

The defendant's crime is characterized by a non-discriminatory crime against many unspecified persons, and the risk of recidivism seems to be considerably high.

The defendant is also causing various problems in detention house while being detained in detention house, and it is anticipated that his behavior will not be properly controlled when he returns to society immediately after being released, and other crimes will be committed, thereby causing danger to the defendant himself and society.

This is disadvantageous to the defendant.

In addition, considering the various circumstances such as the Defendant’s age, character and conduct, health status, family relationship, the means and consequence of the instant crime, etc., the sentence of imprisonment and medical treatment and custody corresponding to the period for which the Defendant can receive active and appropriate treatment in the Medical Treatment and Custody Office is deemed necessary from the perspective of the curative justice. As such, the lower court’s sentence against the Defendant is deemed unfair because it is too unfasible.

The prosecutor's assertion of unfair sentencing is justified.

Article 14 of the Medical Treatment and Custody Act shall apply to medical treatment and custody cases for which a prosecutor files an appeal against a prosecuted case.