A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be forfeited from the defendant.

2. The judgment on the grounds for appeal is sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Ulsan District Court on October 1, 2014, and a suspended sentence of two years by the same court on February 3, 2016. The same year is sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act by the same court on February 3, 2016.

7. 7. The instant crime was committed at the Daegu Prison on May 29, 2017 when the sentence of suspended execution was invalidated due to the final judgment, and the execution of each of the said punishments was completed during the repeated crime period. The inhalement of hallucinogenic substances is not only detrimental to social soundness due to addiction and side effects, but also is likely to cause secondary damage due to other crimes, and thus, it is necessary to strictly punish them.

However, the Defendant’s confession to commit the instant crime and reflects his mistake in depth after being released from hallucinogenic substances. The Defendant’s imprisonment with prison labor for 94 days from June 21, 2017 to September 22, 2017, and for 41 days from October 16, 2017 to November 25, 2017, which is the day of the instant crime, seems to result in the instant crime, among others, being hospitalized at I Hospital, for treatment. The instant crime was committed only by a simple inhale, and was not brought up to the secondary crime. The Defendant’s mother complained of his wife and took care and edification of the Defendant. The Defendant’s age, sex, environment, motive and motive leading to the instant crime, method and consequence leading to the instant crime, as well as the circumstances after the instant crime, and thus, is unreasonable.

3. The appeal by the defendant is justified.