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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
Summary of Grounds for Appeal
- Even though the part of the medical treatment and custody claim case is subject to medical treatment and custody which the defendant and the requester for medical treatment and custody (hereinafter “defendants”) voluntarily assumed, it is unreasonable for the court below to sentence medical treatment and custody to the defendant.
Judgment
The defendant appealed the part of the defendant's case against the defendant.
However, there is no statement in the petition of appeal or the statement of grounds of appeal submitted by the defendant and defense counsel, and there is no reason to reverse this part ex officio.
According to the record on the part of the medical treatment and custody claim claim, the defendant voluntarily received counseling treatment from the Incheon Association Against Drug Abuse during the period from May 19, 2014 to February 16, 2015, and from May 21, 2014 to March 17, 2015, the fact that the defendant received treatment, such as "use of many drugs and use of other harmful substances," etc. by the L Hospital.
However, according to the evidence duly adopted and examined by the court below, the defendant was sentenced to one year of imprisonment by the Suwon District Court on July 16, 2004 due to the violation of the Act on the Control of Narcotics, etc., and the crime of this case is a case where the defendant purchased, received, or administered phiphones several times from 2011 to 2014, and the defendant needs to receive medical treatment at the medical treatment and custody facility as a person who has a habited or addicted to phiphones, and there is a risk of recidivism.
Therefore, the judgment of the court below ordering medical treatment and custody against the defendant is just, and the defendant's assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act, since there is no reason to appeal by the defendant.
[However, the judgment of the court below is a clerical error in Paragraph 3 and 4 of the crime of the court below (the third fourth part of the judgment of the court below is a penphone purchased like Paragraph 3) and Paragraph 10 of the same Article.