Defendant

United Kingdom of Austria

Attorney Kang Jin-bok (National Assembly)

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized knife (No. 1), three butane gas (No. 2), and one (No. 3) shall be confiscated, respectively.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

On December 24, 2009, the defendant and the respondent for medical treatment and custody (hereinafter referred to as "defendants") were sentenced to one year of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Seoul Eastern District Court on November 19, 2010, and on November 19, 2010, with the same criminal records more than six times in addition to the completion of the execution of the sentence in the Ansan Prison, and committed the following criminal acts under the condition that there is a habitant that inhales substances that are likely to be abused or harmful, and there is a need to receive medical treatment at the medical treatment and custody facility and there is a risk of recidivism.

1. Violation of the Toxic Chemicals Control Act;

A. On January 10, 201, at around 14:00, the Defendant inhaled hallucinogenic substances by taking the two additional gases of “Meatwon,” which were located at the ○○○○○○ head office operated by the Nonindicted Party, located in Dobong-gu Seoul Metropolitan Government 2-dong (number omitted), into hand, and then taking the gas to brea the breath in such a way as to put the gas to boom the breath in the injecting machine.

B. On January 12, 201, at around 20:00, the Defendant inhaled hallucinogenic substances in a water unit with “leblust gas” located at the above ○○○○○ head, and then inhaled the hallucinogenic substances in such a way that the Defendant scams the flabed gas into the injecting area by breaking and subdividing the flabing gas into the injecting area.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.);

At around 20:35 on January 12, 201, the Defendant: (a) 20:35, the Defendant: (b) while drinking the bane gas at the ○○○○○○○○○○○○○○, and she shot off, the Nonindicted Party (e.g., 44 years old) found the bane gas; (b) stated that the Defendant “if the husband is in the form of her husband inhales the fluence of the bane at this time, she may her death?”; (c) she has one knife knife, which is a dangerous thing located at this place, and (d) 1 knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif knif kn.).

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor’s statement of the Nonindicted Party

1. Records of seizure and the list of seizure;

1. Photographs photographs of seized articles;

1. Ratifications;

1. Previous records: Criminal records and other inquiry reports, investigation reports, investigation reports (the confirmation of the date of release from prison), and criminal investigation reports (the same criminal records and a copy of the judgment);

1. As indicated in the judgment, the need for medical treatment and the risk of recidivism: The Defendant received juvenile protective disposition or was sentenced to imprisonment or imprisonment with prison labor for more than six times from around 197 to the violation of the Toxic Chemicals Control Act. In addition, each of the crime of inhaleing hallucinogenic substances in the instant case was committed before two months have passed since the Defendant was sentenced to the same punishment for the same crime, and the Defendant was also under the influence of getting out of the habit of inhaled hallucinogenic substances under proper medical treatment. In full view of the present state, age, character, growth process, living environment, etc. of the Defendant recognized by each of the aforementioned evidence, the Defendant needs to receive medical treatment and custody at the facilities where the Defendant was subject to medical treatment and custody, and it is recognized that there is a risk of recidivism unless proper medical treatment is provided.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 58 subparag. 3 and 43(1) (the points of inhaleing hallucinogenic substances, the choice of imprisonment), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act (the points of intimidation by carrying a deadly weapon)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Provided, That the proviso of Article 42 of the Criminal Act shall not apply to a violation of the Punishment of Violences, etc. Act (collectively, Intimidation)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of proviso of Article 42 of the Criminal Act concerning the punishment of Violence, etc. which is heavier than that of imprisonment]

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 2 of the Medical Treatment and Custody Act

The defendant and his defense counsel asserted that the defendant was in a state of mental and physical disability due to the declaration at the time of committing the crime of intimidation by carrying with a deadly weapon of this case. According to the records, the defendant was found to have been in a state of drinking 4 soldiers at the time of committing the crime of intimidation by carrying with a deadly weapon of this case, but the defendant was found to have been in a state of inhaleing one fluor gas of this case. In light of all the circumstances such as the circumstances leading up to intimidation and the process of committing the crime by investigation by the investigative agency, as well as other circumstances such as the behavior of the defendant before and after the crime, it cannot be seen that the defendant was in a state of having the ability to discern things or make decisions, and thus the defendant and his defense counsel

Despite the past record of having already committed the same kind of crime six times or more, it is judged that the defendant cannot avoid punishment and treatment corresponding to it in that he/she committed the crime of this case within the short time after release and again committed the crime of this case.

However, in light of the favorable circumstances, such as the defendant's age, character and conduct, environment, family relationship, circumstances leading to each of the crimes in this case, means and consequence of the crime, etc., the punishment as ordered shall be determined by considering all the various sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, circumstances leading to each of the crimes in this case.

Judge Kang Jong-ho (Presiding Judge)