Defendant

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

1. Part of the defendant's case

A. The lower court’s punishment (one year of imprisonment and confiscation) against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is deemed to be too unreasonable.

B. Determination of the Defendant is recognized as favorable to the Defendant, such as: (a) the Defendant was punished for a crime of inhaleing the main body in 2007; (b) there was no punishment for a crime of approximately five years; (c) no harm was inflicted on another person in the state of inhaleing the main body of this case; and (d) the Defendant is going to not inhale the main body of this case.

However, as the defendant himself or her or her mother was aware of about five years ago, it is recognized that the defendant continued to inhaled and discharged him or her to medical institutions, even if he or she had been hospitalized and discharged.

In addition, the defendant was punished once in 2005, 2006, and 2007 for the same crime, and the defendant was sentenced twice recently.

As such, the Defendant continues to commit a crime even if he/she was punished on the grounds of inhaled hallucinogenic substances, such as multiple times, and comprehensively takes into account all of the sentencing conditions of the Defendant’s character and conduct, the environment, the circumstances and results of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate, and the Defendant’s assertion of unreasonable sentencing is not recognized as being too inappropriate.

2. Part of medical treatment and custody cases

A. The summary of the grounds for appeal is unreasonable since the defendant can be sufficiently treated at the treatment facility within society, and the defendant does not want to go to the treatment and custody center.

B. Comprehensively taking account of the circumstances such as the reasoning of the lower court’s judgment and the following circumstances admitted by the evidence duly admitted and investigated by the lower court, the Defendant needs to be treated at the medical treatment and custody facility and re-offending.