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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The seized monmonsp.
Reasons
1. The summary of the grounds for appeal and the applicant for medical treatment and custody (hereinafter “defendants”) need to receive medical treatment at the medical treatment and custody facility.
A person who does not pose a risk of recommitting a crime.
2. Determination
A. According to the evidence duly adopted and examined by the court below on August 16, 2012, the defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court on the charge of violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the judgment became final and conclusive on August 24, 2012. As such, each of the crimes of this case is in concurrent crimes under the latter part of Article 37 of the Criminal Act (a collective, deadly weapons, etc.) and the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) for which the judgment became final and conclusive, and the punishment shall be determined after considering equity and the mitigation or exemption of the punishment. However, the judgment of the court below erred by omitting it.
B. Recognizing the circumstance acknowledged by the evidence duly adopted and examined by the court below as to the part of the medical treatment and custody claim case, that is, the defendant was out of his school before entering an elementary school, returned to his school, was found to be unable to promptly return to his school due to any abnormal ear, and was out of the sixth grade of elementary school due to mental problems such as avoiding any person's appearance. The defendant transferred 20 years more than 20 years to his house and worked at a factory, a multilateral, a strike, a restaurant, etc. in his house, and was living in Busan Gangseo-gu for 3 years more than 3 years, and committed the crime including this case in the course of living in his old-age. According to the mental appraisal with the defendant, the defendant requires continuous interest and protection of his guardian due to his dead-mal illness, and requires professional mental and medical treatment, and the defendant also committed the crime of this case.