The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

The number of articles seized shall be increased by one square meter.

1. The summary of the grounds for appeal is too unreasonable that the sentence (a long-term three years of imprisonment and a short-term two years of imprisonment) imposed by the court below on the defendant and the candidate for medical treatment and custody (hereinafter “defendants” or “applicant for medical treatment and custody”).

2. Determination

A. Before the judgment on the grounds for appeal on the part of the defendant's case, the defendant was examined ex officio on April 27, 1994, and the defendant was sentenced to an irregular term of punishment by falling under the "juvenile" under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but it is apparent that the defendant was adult at the time of the judgment of the court below. Thus, the judgment of the court below that sentenced the defendant to an irregular term of punishment was no longer maintained.

B. In the event that a defendant has filed an appeal against a prosecuted case, the medical treatment and custody application case shall be deemed to have filed an appeal pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, there is no reason to reverse this part ex officio without stating the grounds for appeal in the petition of appeal or statement of grounds for appeal filed by the defendant or defense counsel.

3. Accordingly, the defendant's prosecuted case is subject to an ex officio reversal of the above grounds. Thus, without examining the defendant's assertion of unfair sentencing, the defendant's appeal under Article 364 (2) of the Criminal Procedure Act is reversed, and the defendant's appeal against the request for medical treatment and custody by the requester for medical treatment and custody is without merit. Thus, it is so decided as per Disposition by the assent of all participating Justices on the bench.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below, thereby citing them pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Punishment of violence, etc. under each corresponding Article of the relevant Act concerning the facts constituting an offense;