The judgment below

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

A defendant shall be punished by imprisonment for fifteen years.

Applicant for medical treatment and custody.

Summary of Grounds for Appeal

The punishment of 20-year imprisonment sentenced by the court below to the defendant and the person subject to attachment order and the person subject to medical treatment and custody (hereinafter referred to as the "defendant") is too unreasonable.

Judgment

We examine the defendant's case ex officio.

According to the written mental appraisal of the defendant of the Medical Treatment and Custody Director following the commission of a party member's mental appraisal, the defendant shows a fall in the real judgment ability, lack of type of illness, intelligence shows an average level of 100 all I Q Q 10. The general knowledge shows a somewhat drop, and mental state shows a mental disorder in an inorganic mental state. At the time of the crime of this case, it can be acknowledged that the mental state at the time of the crime of this case is presumed to have been the above mental state.

In addition, comprehensively taking account of the various circumstances such as the motive, background, means, and attitudes of the instant crime indicated in the record, the Defendant’s behavior before and after the instant crime, and the degree of reflectivity, it is reasonable to deem that the Defendant was in a state of mental disorder with which the ability to discern things or make decisions was reduced due to an indic personality disorder at the time of the instant crime

Nevertheless, the judgment of the court below that the defendant committed the crime of this case under a normal mental condition is erroneous in the misapprehension of the facts.

As long as the defendant filed an appeal against the accused case, the part of the claim for attachment order is deemed to have filed an appeal regarding the part of the claim for attachment order of the court below pursuant to Article 9 (8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, there is no statement in the grounds of appeal or the petition of appeal submitted by the accused and his/her defense counsel, and there is no reason to reverse this part ex officio

In conclusion, the judgment of the court below has a reason to reverse the defendant's case ex officio.