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(영문) 부산고등법원 2014.07.16 2014노222
마약류관리에관한법률위반(향정)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal and an applicant for medical treatment and custody (hereinafter referred to as the "defendant") is too unreasonable;

2. Determination:

A. The circumstances favorable to the Defendant include: (a) the Defendant’s judgment of the instant case committed each of the instant offenses, and the Defendant actively shows the intention to treat narcotics addiction; and (b) the Defendant compensated the victim for the damage related to the damaged part of property damage; and (c) the victim did not want the Defendant’s punishment.

However, narcotics crimes are serious crimes that cause serious harm to the physical and mental health of the people, and the defendant has already been punished five times for the same kind of crime or has been punished, and therefore, even during the repeated crime period even though they were in the repeated crime period, re-mephones have been administered within the short period after release, taking into account the defendant's age, family relation, criminal records, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, and the sentencing guidelines of the Sentencing Commission by the Supreme Court, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. As long as the defendant filed an appeal against a prosecuted case regarding a medical treatment and custody case, it shall be deemed that an appeal has been filed regarding a medical treatment and custody application case pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, the petition of appeal and the statement of grounds for appeal submitted by the defendant contain no particular grounds for appeal as to this part, and the examination of the

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act. It is so decided as per Disposition.

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