A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On March 30, 2012, the accused and the applicant for medical treatment and custody (hereinafter referred to as "defendants") have been sentenced to imprisonment with labor for one year and medical treatment and custody for a violation of the Toxic Chemicals Control Act in the Dong branch of the Busan District Court on March 30, 2012. In addition to the completion of the execution of the sentence, the same criminal records are six times and the same records of medical treatment and custody are more than once.

No person shall take, inhale, or possess for this purpose a hazardous chemical which causes interest, hallucination, or anesthesia.

On June 19, 2013, at around 22:00, the Defendant opened a lid of the “new Jincoke” containing Toluene at the angle of the D Park in Nam-gu, Busan, and inhaled the fluor by the method of melting the fluor and entering the nose.

As above, the defendant has a habit of inhaleing hallucinogenic substances, such as seven times of the previous records of inhaleing hallucinogenic substances, and has committed a crime corresponding to imprisonment without prison labor or any heavier punishment, and needs to undergo medical treatment at the medical treatment and custody facility and is in danger of re-offending

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal, and report on seizure of police;

1. Before judgment: Criminal records, investigation reports (report attached to a copy of the judgment), and current status of personal identification and confinement;

1. As indicated in the judgment, the need for medical treatment, and the risk of recidivism: The defendant was sentenced to imprisonment not less than seven times for a violation of the Toxic Chemicals Control Act from around 2004, and two times among them was sentenced to the medical care and custody together;

The Defendant committed the instant crime at the same place where the Defendant committed the instant crime at the same time before the lapse of one month after closing medical treatment and custody for the same crime.

C. In full view of the Defendant’s age, character and conduct, etc., it is recognized that the Defendant needs to receive medical treatment at a medical treatment and custody facility and there is a risk of recommitting a crime due to the habition of inhaleing

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;