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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
Summary of Reasons for appeal
A. The punishment sentenced by the lower court of the Defendant case (one year of imprisonment, confiscation) is too unreasonable.
B. The Defendant and the requester of the medical care and custody case (hereinafter “Defendant”) may receive sufficient medical treatment from a general hospital, not a medical care and custody facility, for themselves. As such, the Defendant did not need to receive medical treatment at the medical care and custody facility or at the risk of recidivism, the lower court committed a mistake in handling the Defendant in the medical care and custody facility.
2. Determination
A. The Defendant committed the instant crime in spite of the fact that the Defendant had been sentenced to two years of suspension of the execution of imprisonment for special larceny in the Busan District Court’s Branch on May 25, 2012; the Defendant did not take any particular measures to recover damage caused by the instant crime; and the Defendant did not take any other measures to consider the various sentencing conditions under Article 51 of the Criminal Act as indicated in the record and the change theory, including the statement in the column of “reasons for sentencing” of the lower judgment, and the sentencing guidelines of the Supreme Court’s sentencing committee, in light of the overall sentencing conditions under Article 51 of the Criminal Act as indicated in the record and change theory, and it is not recognized that the sentence imposed by the lower court is too unreasonable.
B. Reviewing the reasoning of the lower judgment on the medical care and custody case by comparing it with the records, the lower court, on the grounds stated in its reasoning, requires the Defendant to receive medical treatment at the medical care and custody facility
Since the decision of approval is justified and acceptable, this part of the defendant's assertion is without merit.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.