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(영문) 부산고등법원 2014.05.28 2014노38
마약류관리에관한법률위반(향정)등
Text

Defendant

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

Reasons

1. Summary of the grounds for appeal [the defendant and the respondent for medical treatment and custody (hereinafter referred to as the "defendants¡±)]

[2] The sentence of the lower court (a 3 years of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. The circumstances are favorable to the defendant, such as the fact that the defendant who judged the case of this case was involved in each of the crimes of this case, the defendant shows his intention to treat narcotics addiction actively, and the defendant actively cooperates with the investigative agency to arrest the drug offender.

However, the crime of this case is not limited to a simple medication by the defendant, and it is hard to say that the defendant has sold or delivered narcotics to another person, which is highly severe in light of the circumstances of the crime, method, and quantity and frequency of the administered narcotics, and the defendant has been punished for nine times as a single crime, and the defendant has committed each of the crimes of this case without being aware of the fact that he/she is under repeated crime due to the same crime, and in addition, he/she commits all of the sentencing conditions, including the defendant's age, family relation, criminal record, character and conduct, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, circumstances after the crime, etc., and the recommended sentencing guidelines of the Sentencing Commission by the Supreme Court, it is not recognized that the sentence of

Therefore, the defendant's assertion 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 thus, Article 364 (4) of the Criminal Procedure Act and the Medical Treatment and Custody Act.

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