Defendant

The appeal of the candidate for medical treatment and custody shall be dismissed.

1. Part of the defendant's case

A. The summary of the grounds for appeal is as follows: (i) the defendant of mental disorder and the requester for medical treatment and custody (hereinafter referred to as the "defendant") at the time of committing the instant crime; and (ii) the defendant was in the state of mental disorder such as mental division, etc. having no capacity to discern things or make decisions; and thus, (iii) the judgment below which did not recognize it,

Dob. The sentence of unfair sentencing (one year of imprisonment, four years of medical treatment and custody) of the lower court is too unreasonable.

B. In full view of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s criminal conduct before and after the instant crime, and the circumstances after the instant crime, the lower court determined that the Defendant did not have committed a state of lack of ability to discern things or make decisions due to mental disorder, such as the occurrence of a serious mental disorder at the time of the instant crime, beyond the state of lacking capacity to discern things or make decisions.

Therefore, we cannot accept this part of the defendant's ground of appeal.

C. The Defendant committed the instant crime in a contingent manner in a state that lacks the ability to discern things or make decisions due to mental illness that the Defendant recognized the instant crime and divided wrong facts, and that the Defendant committed the instant crime in favor of the Defendant.

On the other hand, the Defendant’s crime of this case is a dangerous act using the kitchen knife, which is a lethal weapon, and the result of the victim’s death occurred, which is highly likely to be subject to criticism, and the fact that the Defendant did not agree with the bereaved family members of the victim is disadvantageous to the Defendant.

These circumstances, the age, character and conduct, intelligence and environment of the defendant, and the motive for the crime.