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Defendant
The appeal of the candidate for medical treatment and custody shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) on the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) subject to unfair sentencing is too unreasonable.
B. The lower court’s judgment that sentenced the Defendant to medical treatment and custody is unlawful, even though it is not recognized that there is a need to receive medical treatment or risk of recidivism in the medical treatment and custody facility.
2. Determination
A. The Defendant committed a crime under mental illness is favorable to the Defendant, such as the fact that the Defendant’s wrong judgment on the assertion of unfair sentencing is divided into his/her own mistake, and that he/she committed a crime
On the other hand, the defendant, in addition to the crime of this case, has been sentenced to imprisonment with prison labor for seven years due to robbery, injury, etc., and in particular, on May 6, 2008, the special robbery under the same veterinary method as this case, and committed the crime of this case during the period of probation after being discharged from the hospital of public medical treatment and custody for the reason of mental disorder by the appellate court's decision of 2008No598, 2008No40 decided June 24, 2009, the defendant was sentenced to non-guilty and medical treatment and custody for the reason of mental disorder. The defendant committed the crime of this case during the period of probation after being discharged from the hospital of public medical treatment and custody from July 3, 2009 to August 3, 2012.
In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances that are conditions for sentencing, such as the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines (the sentencing range from June to April (the mitigation range), etc., it is difficult to see that the sentence of the court below is too unreasonable because it is too unreasonable. Thus, this part of the defendant's assertion is without merit.
B. The lower court, based on the adopted evidence, found the Defendant guilty of the wrongful assertion on medical treatment and custody.
Special robbery committed on May 6, 2008, as described in paragraph (1), is due to a type of spin-off.