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The judgment below
Part of the medical treatment and custody application case shall be reversed.
An applicant for medical treatment and custody shall be subject to medical treatment and custody.
Reasons
1. Summary of grounds for appeal;
A. The purpose of the prosecutor’s 1)’s request for the diagnosis or appraisal of a psychiatrist in the course of filing an unfair request for medical treatment and custody is to objectively verify whether the applicant for medical treatment and custody has any mental disorder meeting the requirements for the request for medical treatment and custody. Thus, even if the applicant did not undergo the aforementioned diagnosis or appraisal, if the applicant for medical treatment and custody filed a request for medical treatment and custody in consideration of the medical records, etc. equivalent thereto, it is legitimate. According to the medical records of G Hospital attached to the evidence record, the medical certificate of the above hospital’
(ii) it is recognized that there is a risk of reoffending and that there is a need to receive treatment at the Medical Treatment and Custody Office. Nevertheless, the lower court’s dismissal of the Medical Treatment and Custody Claim is unreasonable. 2) The sentencing of the lower court (one year and six months of imprisonment) is too uneasible.
B. The lower court’s sentencing is too inappropriate.
2. Determination
A. Part 1 of the Medical Treatment and Custody Claim Claim: (a) The Defendant confirmed the fact that he/she received medical treatment from around October 27, 2017 to December 1, 2017 due to an unsatisfying disease; and (b) under the status that he/she lacks the ability to discern things or make decisions due to the above mental illness, he/she is found to have been unable to do so, and (c) on October 12, 2019, when a surviving victim B (n, 74 years of age, actual age 98 years of age) who was born in his/her dwelling without any particular reason after drinking alcohol at around 10:0-13:00 to 13:00 on October 12, 2019, he/she was unable to undergo medical treatment and custody at the facility where he/she continuously uses violence to the victim while living together with the victim. The main text of Article 4(2) of the Medical Treatment and Custody Claim Act is legitimate and Custody Procedure.