[Criminal history] On October 24, 2013, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence at the Sungdong Detention Center on April 30, 2014.

[2] On January 10, 2016, from around 22:00 to around 08:40 on January 11, 2016, the Defendant inhaled hallucinogenic substances by opening windows and doors within the Defendant’s dwelling room located in Gangseo-gu Seoul Northern District C804, Seoul, and then opening lids of one copy of the industrial column of pigs, containing lusent ingredients, purchased from the steel point of origin, and then opening lids of one kh (1kg) of the industrial column of pigs, containing lusent ingredients, at the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. A response to a request for appraisal and a written appraisal;

1. Previous convictions indicated in the judgment: Filing an investigation report (the details of confirmation of criminal records of the same kind of crime, and details of confirmation of repeated crimes against a suspect);

1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to six years;

2. The scope of a recommended punishment according to the sentencing guidelines (the scope of a recommended punishment), medication, simple possession, etc. < Amended by Presidential Decree No. 11835, Feb. 1, 201; Presidential Decree No. 22190, Feb. 1, 2011>

3. The fact that the defendant who was sentenced to criminal punishment commits a second offense during the period of the same repeated crime, and that he/she can have the record of having been sentenced to criminal punishment for the same crime is disadvantageous.

On the other hand, there is a favorable circumstance that there is an effort to prevent recidivism, such as receiving hospital treatment after release, and that there is a need to receive hospital treatment in the future.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.