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A defendant shall be punished by imprisonment for six months.
A seized plastic paper paper shall be confiscated from the defendant.
Reasons
Punishment of the crime
On November 3, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on November 3, 201, and completed the execution of the sentence in the Gyeongbuk-do one prison on September 7, 201.
No person of "2012 Highest 1451" shall inhale toxic chemicals which cause smoke, hallucination, or anesthesia.
Nevertheless, around 08:00 on June 9, 2012, the Defendant injected hallucinogenic substances for about one hour at the front side of Dongdaemun-gu Seoul Metropolitan Government, where he prepared about 34g industrial fluents in the name non-fluor containing luoric ingredients, which was brought to the surrounding construction site, and then injected them in the fluorial fluor, using a large cluor and fluoring method in the fluorial paper.
At around 22:00 on May 30, 2012, the Defendant inhaled hallucinogenic substances by inserting industrial keyboards containing hallucinogenic substances, in a vinyl in the D Park in Jung-gu Seoul, Jung-gu, Seoul, in a conspiracy, into a vinyl, and exposing them at the entrance of the wing paper.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes governing written appraisal and written request for appraisal;
1. Article 58 of the Toxic Chemicals Control Act and Articles 58 (1) 3 and 43 (1) of the same Act concerning criminal facts and the selection of punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. As to the Defendant’s assertion under Article 48(1)1 of the Criminal Act, the Defendant does not accept the assertion that he/she had committed the instant crime in a state of mental disorder.
The reason for sentencing [Scope of Penalty Sentence] Imprisonment with prison labor for not more than nine years (Application of Sentencing Criteria)
1. Types: Class 1 of '01. Medication, simple possession, etc. of medication' among the sentencing guidelines for each narcotics crime;
2. The scope of the recommended sentence: 8 months to 2 years and 3 months of imprisonment with prison labor (which choose a heavy area, but the upper limit shall be based on the standards for handling multiple crimes): A person who is a special penal person: a person who is an aggravated factor, "previous conviction of the same kind", and a person who is a general penal person: a person who is a mitigation factor.