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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (one year and two months of imprisonment, additional collection KRW 202,00) is too unreasonable.
B. In the part of the medical treatment and custody case, the Defendant and the applicant for the medical treatment and custody (hereinafter “Defendant”) have the intention to repeat the medical treatment and custody case, and can be treated as much as possible through the hospital that had been under the prior medical treatment and custody, and thus, the disposition of the instant medical treatment and custody is unreasonable.
2. Determination
A. Examining the various sentencing conditions in the part of the Defendant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant voluntarily surrenders to the investigative agency and led to the confession of all of the instant crimes and reflects his mistake, and the cooperation in the investigation of the narcotics offender.
However, in full view of the fact that the Defendant had already been punished for the same kind of crime prior to the instant crime, in particular, the Defendant committed each of the instant crimes again during the repeated crime period, and other various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, and family relationship, it is not recognized that the sentence imposed by the lower court is too unreasonable.
B. In full view of the evidence duly admitted and examined by the lower court on the medical treatment and custody case, the lower court’s determination is justifiable, since the risk of recidivism and the need for medical treatment at the medical treatment
(3) The Defendant’s appeal is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act on the grounds that the Defendant’s appeal is groundless.