The prosecutor's appeal is dismissed.

1. The public prosecutor to determine the part of the defendant's case submitted a petition of appeal stating the scope of the appeal as "total", but did not state any grounds for appeal concerning the part of the defendant's case in the grounds for appeal submitted within the lawful period, and even upon examining the judgment below, there are no grounds for reversal ex officio. Thus, the public prosecutor's appeal in this part is without merit.

2. Determination on part of the medical treatment and custody case

A. It is unreasonable for the court below to dismiss the Defendant’s request for medical treatment and custody even though the Defendant’s necessity of medical treatment and the risk of recidivism is recognized.

B. The lower court determined that the need for medical treatment and custody or the risk of recidivism is not recognized in full view of the following facts: (a) according to the relevant legal principles of the Medical Treatment and Custody Act, the person who committed a crime corresponding to imprisonment without prison labor or heavier punishment in the form of a mental disorder may be subject to medical treatment and custody, as well as the need for medical treatment and custody treatment in the facility, only if the person who committed a crime subject to medical treatment and custody is recognized in the form of a mental disorder under Article 2(1) of the Medical Treatment and Custody Act; (b) the risk of repeating the crime subject to medical treatment and custody refers to the case where the applicant for medical treatment and custody is highly probable to block the crime again in the future in the form of a mental disorder; and (c) the risk of such danger refers to the case where the applicant for medical treatment and custody has a single risk for the applicant for medical treatment and custody, as a result of the examination of the mental disorder at the time of sentencing.