A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be confiscated.

Punishment of the crime

【Criminal Power】 On October 31, 2017, the Defendant was sentenced to eight months of imprisonment for an injury, etc. at the Seoul Western District Court, and completed the execution of the sentence on April 4, 2018 at the Seoul Southern District Court, and on July 27, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Chemicals Control Act in the Jeonju District Court’s military mountain support, and was released from the military prison on December 8, 2018, and the said judgment became final and conclusive on December 18, 2018 and completed the execution of the sentence.

【No one shall take in, inhale, or possess for this purpose any chemical substance that causes smoking, hallucing, or anesthesia, any substance prescribed by Presidential Decree.

Nevertheless, at around 19:25 on February 9, 2019, the Defendant: (a) sold hallucinogenic substances for about 15 minutes in a 15-minute form, which was in possession of a “Toluene fishing” frame, containing hallucinogenic substances, at C underground warehouses located in Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun; and (b) inhaled hallucinogenic substances in a way that they were fluorted with a “Toluene fishing” frame in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Police seizure records;

1. 112 reported case handling table;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of written judgments;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to three years;

2. Aggravation of the types of recommendations according to the sentencing guidelines (decision of types) / 1. Medication, simple possession, etc. [Type 1] hallucinogenic substances (Special / Aggravated Punishment] : In the area of aggravated punishment (not less than a three-year suspension of execution) of the same criminal history (not less than a three-year suspension of execution) (the area of recommendations and the scope of recommendations), the area of aggravated punishment

3. The circumstances under which the sentence is determined, and the age, character and conduct, environment, circumstances before and after the instant crime, the circumstances of the instant crime, etc.