A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On September 13, 2013, the Defendant was sentenced to one year of imprisonment and medical treatment and custody for committing a violation of the Toxic Chemicals Control Act at the Seoul Western District Court (Seoul Western District Court). On February 17, 2014, the term of imprisonment has expired, and on April 28, 2014, the execution of medical treatment and custody was terminated at the Public Medical and Custody Center.

No person shall take in, inhale, or possess for this purpose any hazardous chemical substance prescribed by Presidential Decree which causes smoking, hallucation, or anesthesia.

On July 29, 2014, at around 13:50 on July 29, 2014, the Defendant injected a swine tag containing hallucinogenic substances on the rooftop of the Yeongdeungpo-gu Seoul Metropolitan Government building, in a stop, in a black vinyl paper, and inhaled approximately 10 minutes of them in a s topinyl chloride paper.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The list of seizure;

1. A written appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

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

1. Application of the sentencing criteria (decision of type) for narcotics: Medication, simple possession, etc. (type 1) for hallucinogenic substances (type 1) (special aggravation elements), previous classifications (not less than a suspension of execution of not more than 3 years), and imprisonment for August 8 months - One year and six months (aggravated area);

2. Although the Defendant, who was sentenced to sentence, seems to have committed the instant crime and have been able to repent of his mistake, the Defendant committed the instant crime again during the period of repeated crime due to the same crime, the Defendant appears to have a strong degree of addiction in light of the circumstances of inhaleing the same hallucinogenic substance for a short period of time, the Defendant has already been punished several times for the same crime, and the abuse of hallucinogenic substances is highly likely to cause other crimes.