The prosecutor's appeal is dismissed.

The summary of the grounds for appeal on the part of the defendant's case (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) that the court below sentenced is too uneasible and unfair.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, the appellate court should respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant intended to attract a minor victim, and the victim seems to have suffered a large mental shock.

This is an unfavorable condition.

The defendant is a primary offender, and the defendant seems to have committed the crime of this case in a state of mental disability.

The instant crime was committed in an attempted attempt.

This is a favorable situation.

The lower court determined a punishment in consideration of all the above circumstances.

There is no substantial change in the conditions of sentencing compared with the original judgment.

In addition, even if comprehensively examining the various circumstances that are conditions for sentencing, such as the defendant's age, family relationship, character and conduct, environment, etc., it is not recognized that the sentence of the court below is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

An applicant for medical treatment and custody (hereinafter referred to as "defendant") is likely to repeat a crime in a state of mental disorder caused by the early illness, and there is also the need to receive medical treatment in a medical treatment and custody center.

The court below dismissed the request for medical treatment and custody.

Judgment

According to the evidence of this case, it can be recognized that the defendant committed the crime of this case in a state of mental disorder caused by the death or injury of the defendant.

In addition, the mental evaluation report on the defendant contains an opinion that "it is possible to repeat a crime due to a recurrence of illness by a soldier unless he/she has received a mental specialized treatment after the future."

On the other hand, however, the above mental evaluation report is continued by a guardian to treat mental disorders, adapt to society, and prevent recidivism.