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

Two butane gas (No. 1) seized shall be confiscated.

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to nine months of imprisonment with labor for a violation of the Toxic Chemicals Control Act, etc. at the Incheon District Court on October 30, 201, and completed the execution of the sentence. On October 10, 2012, the Incheon District Court sentenced ten months to imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Incheon District Court on June 21, 2013, and completed the execution of the sentence at the Gwangju Prison on August 25, 2013, and on August 14, 2013, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Incheon District Court on April 25, 2014.

On September 2, 2014, at around 04:30, the Defendant inhaled two butane gas, which is a hallucinogenic substance purchased at the convenience store in the area of the Nam-gu Incheon, Nam-gu, Incheon, by the method of drinking, as if it seems easy to conceal the gas entering into the input section.

Summary of Evidence

1. Defendant's legal statement;

1. The CCTV screen, etc. of the DNA telecom;

1. Records of seizure, the list of seizure and the photograph of seized and evidential materials;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (report on the same type and the previous conviction of repeated crimes)-related Acts and subordinate statutes;

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice 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. Application of the sentencing criteria (determination of types) for narcotics: 8 months to 1 year and 6 months (the scope of recommendations) for hallucinogenic substances (the scope of recommendations).

2. Although the Defendant appears to have an attitude to recognize and reflect his/her wrongness, the Defendant has been sentenced to a repeated crime even though he/she had been sentenced several times of punishment for the same kind of crime, and thus, sentenced to a sentence.

In addition, in consideration of the defendant's age, character and conduct, environment, circumstances before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, the sentence like the order shall be sentenced.