Defendant

In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.

Summary of Reasons for appeal

A. It is unreasonable for the lower court to have mitigated the physical and mental weakness even though it was not committed the instant crime under the mental and physical weakness of the Defendant and the person who was in charge of care and custody (hereinafter “Defendant”) under the mental and physical weakness of this case.

B. The sentencing of the court below (the defendant, the prosecutor) is so unfair that the sentencing of the court below (the imprisonment of three years and six months) is too unreasonable (the defendant). On the contrary, the above sentencing is so unfair that it is too uneasy and unfair (the prosecutor).

A. The lower court determined that the Defendant committed the instant crime of fire prevention under the influence of alcohol, mental disorder, etc. and lack of ability to discern things or make decisions, taking into account the following: ① even if based on the Defendant’s statement, the Defendant was under continuous mental treatment; ② the doctor F of the Public Medical Care and Custody Center stated that the Defendant had symptoms of alcohol, mental disorder, and alcohol dependence on the Defendant.

In light of the following circumstances established by the evidence duly adopted and investigated by the court below, the defendant committed the crime of this case under the mental and physical weakness.

The judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is not accepted.

① Since 2001, the Defendant has repeated the outpatients and hospitalized treatment for treatment, such as symptoms of alcohol dependence for a long time in the Mali-si hospital, I hospital, Jneology, etc.

② The prosecutor applied for the treatment and custody of the Defendant based on the results of the Defendant’s mental appraisal.

In the medical care and custody application form, the prosecutor shows that the defendant shows a mental symptoms, such as summons, gold symptoms, lack of food, etc., as a result of mental diagnosis, with alcohol mental disorder and alcohol dependence.