On January 9, 2017, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Chemicals Control Act (snorting hallucinogenic substances), etc. at the District District Court on September 18, 2017 and completed the execution of the said sentence at the Chuncheon Prison on September 18, 2017.

No person shall take in or inhale hallucinogenic substances which are chemicals that cause smoking, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, at around 23:00 on February 9, 2018, the Defendant: (a) opened a lid of the fuel pool of “Sapan Gas” in which there is an organic gas, a hallucinogenic substance; (b) concealed the part of the outlet into a plastic bag; and (c) inhaled the organic gas, which is a hallucinogenic substance, in a manner of drinking in the envelope, by mixing the top of the discharging outlet into a plastic bag, and then breath of the organic gas, which is a hallucinogenic substance, in a manner of drinking into the envelope.

In addition, from around that time to around 15:00 of the same month, the Defendant inhaled the carbon of hallucinogenic substances in the same manner six times in total, as shown in the list of crimes attached hereto, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Details on purchase of the butane gas by the person under consideration;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the period of repeated crimes A by the suspect and attachment of the judgment of the previous case, etc.);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

2. Application of the sentencing criteria;

(a) Violation of the Chemicals Control Act (Determination of the type), drug crimes, medication, simple possession, etc., and hallucinogenic substances (type 1) Aggravation factors: The person subject to aggravated punishment: The person subject to aggravated punishment (person subject to aggravated punishment within three years): imprisonment with prison labor for the same criminal history (not less than a three-year suspended sentence) (the scope of recommended punishment) from August to one year;