Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

1. Summary of grounds for appeal;

A. The sentence of the Defendant case (unfair sentencing) sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Defendant does not need medical treatment, and there is no risk of recidivism. As such, the lower court accepted the instant medical care and custody application, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the medical care and custody, thereby adversely affecting the conclusion of the judgment (which was arranged based on the attorney’s grounds of appeal and the final opinion).

A. The sentencing of the lower court on the part of the case by Defendant (as stated in detail on the fourth and fifth page of the lower court’s judgment) is justifiable even if the additional sentencing materials are added in the first instance court, in light of the following: (a) the scope of the recommendation according to the sentencing guidelines, other sentencing cases; (b) the precedents pertaining to the appellate court’s sentencing judgment (Supreme Court Decision 2015Do3260 Decided July 23, 2015); and (c) the lower court repeatedly rendered a sentence near the lower limit within the scope of the punishment that has been attempted to be mitigated after the reduction of mental and physical weakness; and (d) the sentencing materials added in the first instance trial are not heavier

B. In full view of the evidence duly adopted and examined by the court below, evidence rules, facts and circumstances recognized by the legal principles, and the execution period of the treatment and custody is included in the execution period of punishment (Article 18 of the Medical Care and Custody Act), etc., the court below acknowledged the necessity for the State to receive compulsory isolation treatment and the risk of recidivism for the mental diagnosis of the defendant on the grounds as stated in the judgment of the court below (Article 18 of the Medical Care and Custody Act), and it is legitimate to impose the Defendant the medical care and custody for the defendant.

Therefore, the defendant's above assertion is rejected.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act. It is so decided as per Disposition.