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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the requester for medical treatment and custody (hereinafter referred to as the “Defendant”) at the time of committing the instant crime was in the state of having no ability to discern things or make decisions due to their alcohol and contact, etc.
Defendant
In the grounds of appeal of the submission, mental and physical disorder is considered as the grounds of appeal, and there is no clear statement on whether it is a mental and physical disability or not, but in the court below, it has already recognized mental and physical disability, so the defendant's argument is regarded as the
B. The lower court’s sentencing (one year and six months of imprisonment and medical treatment and custody) is too unreasonable.
2. The determination of the grounds for appeal is deemed to have filed an appeal against a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act by filing an appeal against a prosecuted case. However, there is no reason for reversal ex officio without stating the grounds for appeal or the grounds for appeal against the appeal filed by the defendant.
According to the record as to the assertion of mental disorder, it can be acknowledged that the defendant committed the crime in this case under the state that he lacks the ability to discern things or make decisions due to the sense and hearing that he/she seeks to kill his/her mother at the time of committing the crime in this case. The court below reduced the amount of mental disorder by law for the above reasons.
In light of the record, there is no other mental and physical reason, such as mental disorder, other than the mental and physical reason recognized by the court below.
B. As to the assertion on unreasonable sentencing, the Defendant committed the instant crime in a state of mental disability due to the existence of alcohol, etc., and the Defendant appears to have an active treatment intent while against the crime, etc. are favorable to the Defendant.
However, the crime of this case was set aside by the defendant.