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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. In so determining, the lower court found the Defendant guilty of the summary of the grounds for appeal, it erred by misapprehending the legal doctrine, misunderstanding of facts, etc., and the Defendant committed the instant crime in the state of mental disorder, and the lower court’s punishment (one year of imprisonment and one million won of fine, confiscation and medical treatment and custody) is too unreasonable.
2. Even if examining the records of the judgment of the court below, there is no error of misunderstanding of legal principles, misunderstanding of facts, etc. in the judgment of the court below as to the accused case, and in light of the circumstance, method and method of the crime indicated in the arguments and records of this case, etc., it is determined that the accused did not have the ability to move things with mental illness, etc. at the time of each of the crimes of this case, or to make a decision
In addition, the judgment of the court below that deemed the primary sentencing factors, such as the nature and method of each of the crimes of this case, the agreement with the injured public officials, the unagreement with some victims, the defendant's age, criminal records, alcohol dependence, etc., cannot be evaluated as having exceeded the reasonable limit of the discretion, and there were no circumstances or materials to deem that it is unfair to maintain the sentencing of the court below in the course of the trial of the sentencing of the court below.
Finally, as long as the applicant for medical treatment and custody files an appeal against a prosecuted case, it is considered that the application for medical treatment and custody also files an appeal under Article 14 (2) of the Medical Treatment and Custody Act.
However, the applicant for medical treatment and custody did not submit a legitimate reason for appeal regarding the part of the judgment of the court below against which the applicant for medical treatment and custody is placed, and even ex officio, there is no reason to reverse the part of the judgment below's application for medical treatment and custody.
3. In conclusion, an appeal by the defendant and the candidate for medical treatment and custody shall be filed.