(영문) 부산고등법원 2014.04.30 2014노78 | 리걸엔진

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(영문) 부산고등법원 2014.04.30 2014노78

마약류관리에관한법률위반(향정)등

Text

Defendant

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

Reasons

1. Determination on the part of the defendant's case

A. The gist of the argument is that the punishment (one year of imprisonment, confiscation, and collection) sentenced by the court below to the defendant and the candidate for medical treatment and custody (hereinafter “defendant”) is too unreasonable.

B. Determination is that the Defendant made a confession of all of the instant crimes, and expressed his intent to reflect in depth the mistake, that the Defendant would have been given and treated narcotics, that the Defendant actively cooperated with the narcotics investigation, that the Defendant received, administered, possessed, and that the amount of philopon is not large, and that the Defendant should support the wife, her children, and parents of old age.

However, the Defendant, at the Busan District Court on August 17, 2004, was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence), 10 months of imprisonment for the same crime at the same court on May 30, 2006, and 10 months of imprisonment for the same crime at the Seoul Central District Court on August 7, 2009, which had been sentenced to 10 months of imprisonment for the same crime, and had been sentenced to 3 times or more of imprisonment for the same crime due to phiphone medication. The Defendant again committed each of the instant crimes of the same kind after being released on April 17, 2010, and again committed another crime of the same kind after being released from the court on April 17, 201, taking into full account all the sentencing conditions such as the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of the crime, and the result of the application of sentencing guidelines by the Sentencing Committee.

Therefore, the defendant's above assertion is without merit.

2. The judgment on the part of a medical treatment and custody case shall be deemed to have filed an appeal against a medical treatment and custody case pursuant to the first sentence of Article 14(2) of the Medical Treatment and Custody Act inasmuch as the defendant filed an appeal against a prosecuted case. However, the petition of appeal and the statement of grounds for appeal submitted by the defendant contain no particular grounds for appeal as to

참조조문

-마약류 관리에 관한 법률

-치료감호 등에 관한 법률 제14조 제2항

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