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

The seized Home Star 5 illness (No. 1) for teaching materials shall be confiscated.

Punishment of the crime

[Criminal Power] On April 12, 2018, the Defendant was sentenced to eight months of imprisonment for a violation of the Chemicals Control Act at the Ulsan District Court on April 12, 2018, and completed the execution of the sentence at the port prison on August 5, 2018.

【Criminal Facts】

At around 04:30 on August 5, 2019, the Defendant, at the Defendant’s house located in Yangsan City B apartment C, laid off 5 illness “heat for the Home Star Teaching Materials” containing “Toluene,” which is a hallucinogenic substance, in a vinyl paper, and inhales them by means of breath and brea at the entrance of the vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (as to attaching photographs), five photographs, replies, investigation reports (as to the date of manufacturing, etc. at the time of the use of seized home textbooks);

1. Existing five bottles (No. 1) used as teaching materials for the seized home set aside;

1. Records of judgment: Criminal history records, inquiry reports, investigation reports (former and confirmation), decisions, and the application of Acts and subordinate statutes to the status of confinement of each individual;

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Aggravation of the punishment according to the sentencing guidelines (the determination of types) of narcotic crimes: The scope of recommendation [the first type] according to the medication, simple possession, etc. [the person in special form] and hallucinogenic substances [the person in special form] and aggravated factors: The area of aggravation of punishment [the scope of recommendation area and recommendation area] and the area of aggravation of punishment (not less than a three-year suspension of execution] of the same

3. In light of the fact that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case and was divided, but the defendant had the same power eight times, and the crime of this case also committed the crime of this case with the same power, etc., the sentence of strict punishment against the defendant is inevitable.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances of the crime after the crime are considered, the order of recommendation according to the sentencing guidelines shall be made within the scope of recommended punishment.