The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and confiscation) is too uneasy and unreasonable.

2. The judgment on the part of the Defendant case is based on the following: (a) for the minor reason that the victim scamed and scamed by the scambling of the scambling door, without identifying the scambed fish, and committing a dangerous crime that the scambling of the scambling scambling of the scamb

Also, in light of the fact that the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) had been sentenced to suspended sentence due to a cruel crime against female students prior to the instant case without any particular reason, the risk of recidivism seems to be high in light of the fact that the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) had served as a knife for such violent crime.

However, the crime of this case is committed in the state of mental suffering from the division of a mental disorder, and the treatment of the defendant is more emphasized than punishment in light of the mental state of the defendant (the execution of medical treatment and custody for the previous crime), and considering all of the sentencing conditions stated in the argument of this case, such as the defendant's age, character and conduct, circumstances of the crime, and circumstances after the crime, the court below's punishment cannot be deemed to be unfair because it is too uneasible. Thus, the prosecutor's argument cannot be accepted.

3. In the event that a prosecutor files an appeal against a prosecuted case regarding a medical treatment and custody claim part, the medical treatment and custody case shall be deemed to have filed an appeal pursuant to Article 14(2) of the Medical Treatment and Custody Act, but there is no reason to reverse this part ex officio without stating the grounds for appeal or the grounds for appeal filed by the prosecutor

4. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.