The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant case, the sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, and forfeiture No. 1) is too uneasible and unfair.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court in part of the medical treatment and custody case, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) need to receive treatment at the medical treatment and custody facility as well as the risk of recidivism as a mentally handicapped person with a mental division.

The judgment of the court below which did not recognize it is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. The crime of this case in the part of the defendant's case is disadvantageous to the defendant, such as that the defendant attempted to kill the victim who is his father with a knife and attempted to kill the victim, and the crime is very serious.

However, in full view of the following facts: (a) the Defendant was a primary offender who has no criminal history; (b) the Defendant was in a state of mental suffering from mental disorder; (c) the victim under the influence of alcohol appears to have committed the instant crime in a state of mental suffering, which is likely to have continuously committed the instant crime; (d) the victim does not want punishment against the Defendant; and (e) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and family relationship, it is not recognized

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

(b) The term "risk of repeating a crime which is a requirement for partial medical treatment and custody cases" means a case where the candidate for medical treatment and custody is highly probable to block a crime again in the future in the state of mental disorder, and the existence of such danger is a cause act constituting one of the risks to the candidate for medical treatment and custody, and the mental disorder of the candidate for medical treatment and custody at the time of sentencing