Defendant

In addition, both the applicant for medical treatment and custody and the respondent for attachment order and the prosecutor for probation order.

1. Summary of grounds for appeal;

A. The Defendant and the requester for a medical treatment and custody and the requester for an attachment order or a person requesting a probation order (hereinafter “Defendant”) did not kill the mother, who is the mother.

Nevertheless, the court below recognized that the defendant murdered the victim, and it erred by misunderstanding the fact and adversely affecting the conclusion of the judgment.

(2) The sentence sentenced by the lower court of unreasonable sentencing (seven years of imprisonment and medical treatment and custody order) is too unreasonable.

B. The lower court’s judgment dismissing a request for attachment order and a request for probation order on the ground that the Defendant’s dismissal of the attachment order and the probation order are recognized as having a risk of repeating the crime.

(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below regarding the Defendant’s assertion of mistake of facts, and the court below rejected the above assertion in the judgment below.

The judgment below

Examining the grounds for comparison with the relevant legal principles and the evidence duly adopted, the judgment of the court below is reasonable and there is no error of law by misconception of facts.

This part of the Defendant’s assertion is difficult to accept.

B. Determination on the prosecutor’s rejection of a request for attachment order and probation order by a prosecutor (1) legal principle (A) the risk of repeating a murder crime under Article 5(3) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is not sufficient enough to repeat the crime, and it is highly probable that the person who requested the attachment order will injure the legal peace by committing murder again in the future.

The risk of recidivism of murder crime is objectively assessed by comprehensively evaluating various circumstances, such as the occupation and environment of the person who requested the attachment order, the behavior before the crime, the motive and means of the crime, the circumstances after the crime, the situation after the crime, and the situation.