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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of the grounds for appeal by the defendant and the candidate for medical treatment and custody (hereinafter “defendants”).
A. The sentence of the lower court (two months of imprisonment) on the part of the Defendant case is too unreasonable.
B. The part of the medical treatment and custody claim case requires a continuous treatment by a psychiatrist and expert accompanied by a guardian’s interest and protection. Since the treatment is effective in the daily living space, such as home and general hospital, it cannot be deemed that there is a need to receive medical treatment at the closed medical treatment and custody facility and a risk of recidivism, the court below erred by misapprehending the facts against the rules of evidence to the defendant.
2. Determination
A. As to the assertion of unreasonable sentencing on the part of the defendant's case, there are favorable circumstances for the defendant, such as the confession of the crime of this case and the mistake against the defendant, and that the defendant agreed with the victim.
However, in full view of all the circumstances revealed in the arguments of this case, including the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., as well as the fact that the defendant committed the crime of this case even though he was sentenced to a suspended sentence of two years or more of imprisonment with prison labor for larceny on December 9, 2011 and two years or more of a suspended sentence of two years or more of imprisonment with prison labor for the same crime during the suspended execution period, the defendant committed the crime of this case at another time during the suspended execution period. Thus, this part of the defendant's assertion is without merit.
B. The judgment of the court below 1 on the part of the medical treatment and custody claim claim case: ① the defendant committed the same kind of crime in a state of mental disability due to shock disorder caused by shock disorder caused by the depression disorder in the middle of the past, and was in a state of mental disorder caused by depression at the time of the instant case; ② Mental medical specialist needs to be denied period for the defendant to cure mental disorder, adapt to society, and prevent recidivism in the future.