The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The seized one (No. 1) shall be confiscated.

1. The lower court’s sentence against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

2. The prosecutor’s request for medical treatment and custody by the prosecutor who filed a request for medical treatment and custody for the accused and the court rendered a joint decision on the case of the accused case, so the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed, and the request for medical treatment and custody in the trial is consolidated and judged again

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

It is necessary for the defendant to receive hospitalized treatment in a controlled facility for proper treatment because of the risk of recidivism, the defendant committed each crime on the facts stated in the judgment, in a state of mental disorder, in which he/she has a capacity to decide on the intention or to change things due to detailed unknown mental division.

Summary of Evidence

In addition to adding the following matters to the summary column of evidence of the lower judgment, it is identical to the relevant column, and thus, it shall be cited in accordance with Article 51 of the Medical Treatment and Custody Act and Article 369 of the Criminal Procedure Act

1. Comprehensively taking account of the need for treatment in the judgment and the evidence duly adopted and examined by the court below as to the risk of recidivism, the defendant is found to have been in need of mental treatment because the defendant shows symptoms of mental illness such as summons, sporadic emotional adjustment difficulty, network, etc. Therefore, the defendant committed each of the crimes in this case in such a state that he/she is not able to make a decision or change things due to a detailed mental division that is not known by the defendant.