The appeal is dismissed.

The grounds of appeal are examined.

Article 4(1) of the Medical Treatment and Custody Act provides that "A prosecutor may file a request for medical treatment and custody with the competent court where a person subject to medical treatment and custody needs to receive medical treatment and custody," and Article 4(7) of the same Act provides that "the court may request a prosecutor to file a request for medical treatment and custody when it deems it necessary to receive medical treatment and custody

In light of the form, content, etc. of the provisions of this Act, Article 4(7) of the Medical Treatment and Custody Act cannot be deemed to impose on the court the obligation to request medical treatment and custody.

(see, e.g., Supreme Court Decision 2006Do4211, Sept. 14, 2006). The allegation in the grounds of appeal that the lower court’s failure to demand a prosecutor’s request for medical treatment and custody is unlawful is unacceptable.

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.