beta
Text
The appeal filed by the person who requested the treatment and custody shall be dismissed.
Reasons
1. The court below found the Defendant guilty, and sentenced the Defendant to the medical care and custody application in relation to the medical care and custody application case. The court below appealed only to the medical care and custody application case.
Therefore, the case of the defendant who did not appeal by the person who filed a medical care and custody claim and the prosecutor is separated and finalized. Therefore, the scope of the court's trial is limited to the part of the
2. It is unreasonable that the court below sentenced the treatment, custody and custody to the applicant for the treatment, custody and custody without any necessity of treatment or risk of recommitting a crime in light of the gist of the grounds for appeal.
3. The lower court determined that, in light of the following circumstances acknowledged by the lower court’s evaluation results of the evidence duly adopted and examined and the applicant for the care and custody for the treatment and custody, the treatment and custody for the applicant for the care and custody for the treatment and custody was necessary in view of the following circumstances: ① the applicant for the care and custody for the treatment and custody for the treatment and custody was diagnosed as having a high probability of aggressive behavior because he/she was socially isolated in the process of avoiding a high suspicion and incompetence as a patient for the treatment and custody; ② the applicant for the treatment and custody for the treatment and custody has used multiple violence against his/her parents in the past.
Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is sufficiently acceptable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine.
We cannot accept the argument of the applicant for the medical care and custody.
4. Conclusion, the appeal filed by the person who filed a custody application is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act.
However, the judgment of the court below is a clerical error.