Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Improper sentencing of the summary of reasons for appeal: The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

Judgment

The circumstances revealed by the court below (the crimes related to narcotics, etc., such as the crime in this case, are highly likely to cause physical and mental extinction of the relevant individual due to their toxicity and to harm the health and social safety of the people.

Defendant

In addition, even though there was a history of punishment several times for the same crime, the Defendant and the Defendant, and the Defendant and the Defendant (hereinafter “Defendant”) have committed the same kind of crime after release, and the Defendant and the Defendant and the Claimant for the Medical Care and Custody (hereinafter “Defendant”) have been sentenced to punishment for a narcotics crime, and continued to administer phiphones during this period in the mother telecom until they were sent to the emergency room after delivery of phiphones ( eventually, the Defendant was arrested and detained again as a narcotics crime at 6 days after release). In light of the record of the Defendant’s crime, the Defendant again committed the same kind of crime within a short time after release, and the frequency of the crime and frequency of medication, etc., the risk of recidivism is considerably high.

In addition to the fact that the sentence imposed by the court below is too heavy when comprehensively considering the circumstances that can be seen by the records, the sentence imposed by the court below is too heavy.

[Judgment of the court below] The defendant asserts that the defendant's self-denunciation should be considered as a reason for mitigation of punishment.

The phrase “self-denunciation” under Article 52(1) of the Criminal Act is established when a criminal voluntarily reports his/her criminal facts to an investigation agency and voluntarily expresses his/her intent to prosecute him/her (see Supreme Court Decision 201Do12041, Dec. 22, 2011, etc.). Moreover, even if a criminal voluntarily surrenders himself/herself, the court may voluntarily reduce the sentence against the self-denunciation.