A person who applies for a medical care and custody shall be punished.

The defendant was sentenced to one year of imprisonment for a crime of violation of the Toxic Chemicals Control Act in the Seoul Northern District Court on July 4, 2014, and on May 12, 2015, he/she completed the execution of the sentence in the Ansan Prison on May 12, 2015, and the same criminal records are 16 times and three times of medical care and custody records.

[2] No person shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree, which causes entertainment, hallucination, or anesthesia (hereinafter “hic substances”).

Nevertheless, from around 20:00 on May 9, 2016 to around 10:00 on the 10:100 of the same month, the Defendant putting in a plastic bag “Patus fluor containing luent ingredients” (250g) one (250g) of the “Patus fluor” in Dobong-gu Seoul Metropolitan Government Co., Ltd., and inhaled hallucinogenus, which is a hallucinogenic substance, more than 10 times by taking the entrance of plastic bags into the cluor and taking them into the cluor, and then taking them back under the cluor’s cluor, once.

[Judgment of the court below] The defendant is a person who has a habit of inhaleing hallucinogenic substances, and committed the above crime with imprisonment without prison labor or more severe punishment, and needs to receive medical treatment at the treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. On-site photographs and photographs of seized articles;

1. Written replys to a request for appraisal;

1. Investigation report (the counter investigation of a company specializing in the interest chemical industry, the attachment of photographs of main ingredients of pigs inhaled by Defendant, and the confirmation of the records of the same crime);

1. Previous conviction: A written inquiry about criminal history, personal identification and acceptance status, investigation report (verification of the past record of the same kind of crime);

1. As indicated in the judgment, the need for medical treatment, and the risk of recidivism: The Defendant was subject to criminal punishment for at least 16 times for a crime of inhaleing hallucinogenic substances, and the Defendant committed the instant crime even though he had been already subject to three times medical care and custody, and the Defendant was at the Seoul Northern District Court on July 4, 2014.