Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence subparagraph 1 shall be forfeited from the accused.
Reasons
Punishment of the crime
[Criminal Power] On April 15, 2019, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the Busan District Court on April 15, 2019. On February 15, 2020, the Defendant completed the execution of the sentence at the Chuncheon Prison.
【Criminal Facts】
No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for this purpose.
Nevertheless, on April 8, 2020, from around 16:00 to 19:40 on the same day, the Defendant opened two lids of “salking fuel” purchased from the Mancheon City Mancheon-si (Mancheon-si) located in the Mancheon-si (Mancheon-si), and divided the part of the soil exit into as soon as possible between the front and the gas to flow out, and inhaled by the Mancheon-si method.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of seizure, list of seizure, on-site photographs of the police;
1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of data related to repeated crimes);
1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: One to six years of imprisonment;
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. Determination of sentence: One year and six months of imprisonment;