The judgment below

The part of the defendant's case and the part of the medical treatment and custody application case.

Defendant shall be punished by imprisonment for five years.

Summary of Grounds for Appeal

The sentence of the court below, which sentenced five years to the defendant and the requester for medical treatment and custody and the requester for an attachment order (hereinafter referred to as the "defendant") in the part of the defendant's case, is too uneasible and unreasonable.

It is unreasonable for the court below to dismiss the request for the attachment order of this case even though the defendant is highly likely to recommit the same crime due to the mental characteristics of the case.

Judgment

As to the part of the defendant's case, the lower court, based on Article 48 (1) 1 of the Criminal Act, confiscated one improvement (No. 1) and one kitchen (No. 2).

However, according to the evidence duly adopted and examined by the court below, the above seized articles can be acknowledged that they are not the defendant but G owners. Thus, the above seized articles do not constitute “goods not owned by a person other than the criminal but acquired by a person other than the criminal knowing that they were aware of the fact after the crime” under Article 48(1) of the Criminal Act and do not constitute subject to confiscation.

Therefore, since the court below erred by misapprehending the legal principles on confiscation with respect to forfeiture of evidence Nos. 1 and 2, the part concerning the defendant's case among the judgment below cannot be maintained any longer.

If an ex officio judgment prosecutor on the part of the medical treatment and custody application case files an appeal against the prosecuted case, it is deemed that the prosecutor files an appeal on the medical treatment and custody application case pursuant to Article 14 (2) of the Medical Treatment and

However, where the judgment of the court below on the accused case is reversed illegally, the medical treatment and custody application case to be tried together with the judgment pursuant to Article 12(2) of the Medical Treatment and Custody Act cannot be maintained at the same time.

The execution of medical treatment and custody shall be completed where the judgment on the part of the request for attachment order and the attachment order are concurrently sentenced.