Seized evidence 1 or 2 shall be confiscated.

On September 21, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Chemicals Control Act at the Jung-gu District Court on June 9, 2016. On December 16, 2016, the Defendant completed the execution of the sentence in the Chuncheon Prison. On September 9, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime in the same court on December 16, 2016 and completed the execution of the sentence in the Ansan Prison on September 9, 2017. On February 7, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime in the same court on August 4, 2018.

No person shall take in or inhale hallucinogenic substances, such as Toluene, which cause smoking, hallucination, or anesthesia.

On January 6, 2019, around 16:25, the Defendant injected hallucinogenic substances for about 10 minutes in a strong b apartment in the Gui City B apartment C, which is the Defendant’s residence, in a white plastic paper, by inserting one “this industrial plate of swine”, which is a strong fluoric substance, in a white plastic paper.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Request for appraisal, report on inquiry and certificate of hallucinogenic substances;

1. Photographs of seized articles;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (report attached to the same type of judgment A), personal confinement status, application of Acts and subordinate statutes of judgment;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Application of the sentencing guidelines (determination of types), drug crimes, medication, simple possession, etc., hallucinogenic substances (type 1): Aggravation factors: The previous department (limited to a suspended sentence of not more than 3 years): Imprisonment with prison labor for not less than 8 months but not less than 1 years;

3. The criminal defendant who was sentenced to punishment has committed the instant crime during the period of repeated crime even though he/she was punished twice as a same repeated crime.