Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

On October 30, 2015, Defendant and a person in charge of care and custody (hereinafter referred to as “Defendant”) were sentenced to imprisonment with labor for a crime of violation of the Chemicals Control Act (snorting hallucinogenic substances) at the Busan District Court’s Dong Branch, and the medical care and custody was completed on January 24, 2017.

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia.

Nevertheless, around 15:50 on July 31, 2018, the Defendant inhaled approximately 400ml of the starting width, which contains hallucinogenic substances, at the front side of the D Park Park in Busan Metropolitan City, in a Vina car, which was parked in the front side of the D Park in Busan Metropolitan City, on July 31, 2018.

[In light of the above legal principles, the Defendant committed a crime under the Medical Care and Custody Act (amended by Act No. 1050, Jan. 24, 2017; Act No. 10554, Jan. 24, 2017; Act No. 10554, Feb. 24, 2017; Act No. 13335, Feb. 24, 2017; Act No. 1388, Jan. 24, 2017; Act No. 13335, Feb. 23, 2016).

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each police and prosecution investigation report (the list of evidence Nos. 2, 9, 15, 16);

1. Photographs of seized articles, notification to the department related to the report of 112 case, and response to a request for appraisal;

1. Previous convictions: Inquiry into criminal history and investigation report (verification of suspect and repeated crime);

1. The following facts and circumstances revealed by the evidence adopted and examined by this Court as well as by the notification of the need for treatment as indicated in the judgment, the risk of recidivism, and the notification of the status of observation of protection.