All the judgment below is reversed.

A defendant shall be punished by imprisonment for one year.

80 hours per the defendant.

1. The decision of the court below (Article 1: 1 year of imprisonment with prison labor, and Article 2 (4) of the decision of the court below) against the defendant and the candidate for medical treatment and custody (hereinafter “defendant”) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The first and second court sentenced each judgment after completing a separate hearing against the defendant. The defendant filed an appeal against all the judgment of the first and second court, and decided to hold the above two cases jointly in the court of the first and second instance.

In this case, each crime of the first and second judgment against the defendant is in the concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment where a concurrent crime is severe pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more in this respect.

Furthermore, since the prosecutor filed a claim for medical treatment and custody of the accused and made a decision to consolidate the medical treatment and custody case with the accused in the trial at the trial at the same time, the judgment of the court below cannot be maintained any more in this respect.

3. If so, the judgment of the court below is based on the grounds for ex officio reversal as seen earlier. Thus, without examining the Defendant’s assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the request for medical treatment and custody in the trial is combined, and the judgment below is again decided

Criminal facts

Criminal facts recognized by this court of the facts constituting the grounds for medical treatment and custody are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant is in a state which lacks decision-making ability due to mental disorder exposure" after Part II of the judgment of the court of first instance among the criminal facts of the court of first instance. The facts constituting the grounds for medical treatment and custody are as follows.