The part of the judgment of the first instance court concerning medical treatment and custody application shall be reversed.

The claim for medical treatment and custody of this case is dismissed.

1. Summary of grounds for appeal;

A. The Defendant in the part of the instant case and the candidate for medical treatment and custody (hereinafter “Defendant”) were found not guilty on the grounds of the lack of the ability to discern things or make decisions due to the mental or physical disorder of a severe mental body at the time of committing the instant crime, and thus, the first instance court erred by misapprehending the legal doctrine on the ability to assume responsibility, or by misapprehending the legal doctrine on the capacity to assume responsibility.

(b) It is unreasonable for the first instance court to judge that the defendant needs to receive medical treatment at a medical treatment and custody facility and that he/she is in danger of recommitting a crime.

2. Determination:

A. Examining the background of the instant crime, method of the crime, Defendant’s act before and after the crime, and circumstances after the crime revealed by the evidence duly adopted and examined in the first instance trial on the part of the Defendant’s case, it is acknowledged that the Defendant was in a state of mental disorder, but further, it is not recognized that the Defendant was in a state of mental disorder, and furthermore, the Defendant did not have the ability to discern things or make decisions due to mental disorder.

Therefore, the judgment of the first instance court to the same purport is just in its conclusion, and there is no error of misunderstanding of facts or misunderstanding of legal principles that affected the judgment as alleged by the defendant, and thus, this part

B. According to Article 2(1)1 of the Medical Treatment and Custody Act on the part of the claim for medical treatment and custody, a person with a mental disorder who is unable to be punished pursuant to Article 10(1) of the Criminal Act or whose sentence is mitigated pursuant to Article 10(2) of the same Act shall be sentenced to medical treatment and custody only when the person is in need of medical treatment at the medical treatment and custody facility and has the risk of recidivism.

However, the Medical Treatment and Custody Act is a person who commits a crime in the state of mental disorder and is in danger of recidivism.