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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for six months.
The judgment below
(2).
Reasons
1. In light of the purport of the grounds for appeal and the fact that the defendant and the applicant for medical treatment and custody (hereinafter “the defendant”) suffered from serious sternal illness and thus it seems difficult to keep a second offense without medical treatment, and that it would be difficult to conduct a normal life and health care for the defendant himself/herself, and that it is difficult to expect another person’s help through medical treatment and custody except for medical treatment and custody, and that there is no way to prevent other persons’ help, the court below dismissed the application for medical treatment and custody on the ground that there is insufficient error of determination of facts in finding that there is a need to receive medical treatment and custody at the medical treatment and custody facility.
2. Although a prosecutor ex officio determination on the part of the defendant's case states the scope of the appeal as "total," the prosecutor did not state the grounds for appeal as to the part of the defendant's case in the petition of appeal filed on January 15, 2019 and the appellate brief filed on February 14, 2019.
Since the statutory penalty is imprisonment with prison labor for not more than one year, and the court below determined the applicable punishment by applying the mitigation of mental illness and discretionary mitigation, the scope of the applicable punishment shall be imprisonment with prison labor for not more than three months.
Although the lower court should have sentenced the punishment within the scope of the punishment, it sentenced six months of imprisonment exceeding the scope of the punishment.
As a result, the part of the judgment of the court below is subject to the law, which affected the conclusion of the judgment, so it is impossible to maintain it as it is.
3. Determination on the part of the medical treatment and custody claim
A. The risk of repeating a crime, which is a requirement for relevant legal principles, means a case where a 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 risk is the act of causing the danger to the candidate for medical treatment and custody.