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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. The sentence imposed by the court below (two years and six months of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.
2. Examining the various sentencing conditions in the instant case regarding the grounds for appeal, there are circumstances favorable to the Defendant, such as the fact that the Defendant and the candidate for medical treatment and custody (hereinafter “defendants”) have led to the confession of all the criminal facts in the instant case, and have divided their errors, and that the Defendant is hardening.
However, each of the crimes of this case was committed by selling, delivering, administering, carrying, carrying, and carrying marijuana over a total of eight occasions, and the nature of the crime is very serious in light of the course and contents of the crime, means, methods and results of the crime, frequency of the crime, etc., the amount of the defendant handled by the defendant, and the amount of the defendant's criminal records of the same kind is eight times or more, and in particular, on April 29, 2010, the defendant was sentenced to one year and nine months of imprisonment with prison labor due to a violation of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc. on June 28, 2011, and again committed each of the crimes of this case again in the same kind in the same manner as the defendant was committed again on June 28, 2011 after the execution of the punishment was completed, and in full view of the various sentencing conditions of the defendant's age, character and behavior, environment, etc.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. If the part of a medical treatment and custody case has filed an appeal against a prosecuted case, it shall be deemed that the medical treatment and custody case has also been lodged pursuant to Article 14 (2) of the Medical Treatment
However, not only the grounds for appeal submitted by the defendant but also the petition of appeal does not contain the grounds for appeal, but also there is no reason to investigate and reverse this part ex officio even though the judgment of the court below is examined.
4. Therefore, the appeal by the defendant and the candidate for medical treatment and custody is without merit.