건조물침입등
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
[Criminal history] On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act (smelting hallucinogenic substances), etc. at the Seoul Central District Court of Seoul, and completed the execution of the sentence on November 15, 2015.
[Criminal facts]
1. On March 16, 2016, the Defendant infringed upon a structure by arbitrarily entering materials and warehouses located on the first floor of the E kindergarten operated by the victim D, the first floor of which is the victim D on March 16, 2016.
2. The Defendant, at the same time and at the same place as above 1. The Defendant inhaled a hazardous chemical substance over about 30 minutes in the manner of Hobbebing, in a manner of manufacturing one string gas ( approximately 80 g in the country) in the continental control center, in which the hallucinogenic gas, is located.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A protocol of seizure and a list of seizure;
1. A response to a request for appraisal (2016-M-7207);
1. Previous conviction: Application of a reply to inquiry, such as criminal history, results of search by prisoners, and Acts and subordinate statutes on investigation reports (report attached to a judgment);
1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act (the point of intrusion into a structure), Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the Chemicals Control Act (the point of inhaleing hallucinogenic substances), and the choice of imprisonment with prison labor, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [favorable circumstances] of the Criminal Act / [Article 48(1)1 of the same Act / The defendant has been punished for the same kind of crime several times. The defendant does not know himself/herself during the repeated crime period and prevents him/her from committing the same kind of crime / [ favorable circumstances] The defendant reflects his/her mistake by recognizing all of the crimes. [Other circumstances] The circumstances after the crime, the age, health, sex, family relationship