The judgment of the court below is reversed.

The case is remanded to the Youngcheon District Court Panel Division of the Chuncheon District Court.

Summary of Grounds for Appeal

It is unfair that the court below's sentence (two years and six months of imprisonment) imposed on the defendant and the requester for medical treatment and custody (hereinafter referred to as "defendant") is too unreasonable.

Although there was no mental disorder such as a mental disorder, the court below sentenced the defendant to medical treatment and custody by misunderstanding the fact.

Before determining the grounds for appeal by the defendant for ex officio, the court below ex officio implemented the procedure for confirmation of the will of the defendant pursuant to the Act on Citizen Participation in Criminal Trials (hereinafter referred to as the "Act on Citizen Participation").

According to the records of this case, the prosecutor initially filed a prosecution on June 24, 2014 for the defendant's case at the Youngcheon District Court's Young-gu branch (2014dan242) and filed a request for medical treatment and custody with the same court on October 13, 2012 of the same year (2014dan242). The above court's collegiate division decided to consolidate the defendant's case with the medical treatment and custody claim case pursuant to Article 10 of the Criminal Procedure Act on October 24 of the same year, and accordingly, the records and evidence were sent pursuant to Article 4 (3) of the Regulation on Criminal Procedure, and as a result,

(2014Gohap53) According to Article 5 (1) 1 of the Act on the Citizen Participation in Criminal Trials, Article 32 (1) 6 of the Court Organization Act, and Article 3 (2) of the Medical Treatment and Custody Act, the defendant case belongs to the jurisdiction of the collegiate panel and is subject to a participatory trial.

However, according to the records, the court below delivered a duplicate of the medical treatment and custody application to the defendant, but did not deliver a certificate of intention to a participatory trial, and rendered a judgment after closing the pleadings without undergoing a separate procedure for confirmation of desire to a participatory trial against the defendant. However, the defendant stated on April 22, 2015 that he/she will be tried as a participatory trial on the third day of the trial of the court below after filing an appeal against the judgment of the court below.