The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Desiring to receive medical treatment and custody since the instant crime subject to medical treatment and custody was committed under the state of mental disorder.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Although the accused wishes to carry out medical treatment and custody, Article 4(1) of the Medical Treatment and Custody Act provides that “A prosecutor may file a request for medical treatment and custody with the competent court where a person subject to medical treatment and custody needs to be subject to medical treatment and custody.” Thus, the court may not declare medical treatment and custody unless the prosecutor files a request for medical treatment

Article 4(7) of the Medical Treatment and Custody Act provides that "the court may request a prosecutor to file a request for medical treatment and custody when it recognizes it appropriate to place the case on medical treatment and custody as a result of the deliberation of the case prosecuted." In light of the form of the provision, Article 4(7) of the Medical Treatment and Custody Act cannot be deemed as imposing an obligation on a court to

(see, e.g., Supreme Court Decision 2006Do4211, Sept. 14, 2006). Accordingly, this part of the Defendant’s assertion is groundless.

B. The Defendant appears to have committed the instant crime in a state which lacks mental and physical knowledge due to the existence of alcohol, etc., and the Defendant has a disability of Grade 3 of the mental disorder, etc. favorable to the Defendant, such as the fact that the Defendant has a disability of Grade 3 of the mental disorder.

On the other hand, the fact that the defendant committed each of the crimes of this case several times without being aware of during the period of suspension of execution, the fact that the victims seem to have suffered considerable mental harm due to the defendant's crime, and the fact that the victims' damage has not been recovered is disadvantageous to the

The above circumstances and other circumstances after the crime of this case.