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

Punishment of the crime

[criminal power] On June 25, 2008, the defendant was sentenced to a suspended sentence of one year and six months for a violation of the Toxic Chemicals Control Act at the Incheon District Court, and on October 30, 2008, the same court was sentenced to five months of imprisonment for the same crime, and the sentence of the suspended sentence became effective on November 7, 2008, which became final and conclusive on November 7, 2008, and the period of parole was paroled on November 30, 2009 during the execution of the sentence in the Ansan Prison.

【Criminal Facts】

On October 04, 2012, from around 01:00 to around 11:00, the Defendant inhaled kick kick, containing hallucinogenic substances, in an abandoned house located in Yeonsu-gu Incheon Metropolitan City from around 01:0 on October 04, 2012, by inserting it in a white plastic paper, in a way that kick kick is put into a white plastic paper and inhales it.

Around 15:10 on December 9, 2012, the Defendant injected hallucinogenic substances by inserting a mocoke, which is a hallucinogenic substance purchased from a nearby iron shop in Yeonsu-gu Incheon Metropolitan Government D, in a conspiracy to a white plastic paper, and then breathizing hallucinogenic substances at the entrance.

Summary of Evidence

"2012 Highest 11551"

1. Defendant's legal statement;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. "Written response to the request for appraisal";

1. Defendant's legal statement;

1. Photographs of seized articles;

1. A written report on the appraisal [the previous conviction];

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (verification of the criminal records of the same kind), investigation reports, and reports on the date of release;

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

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders seem to have led to the confession of the crime of this case, and the mistake is divided.

However, the defendant was not aware of the fact that he was punished twice for the same crime, and re-offending during the period of repeated crime.