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

Punishment of the crime

On May 27, 2010, the Defendant was sentenced to a fine of five million won for the violation of the Toxic Chemicals Control Act at the Suwon Franchisor Institute (hesting hallucinogenic substances). On February 20, 2012, the Defendant was sentenced to a suspended sentence of two years for the violation of the Toxic Chemicals Control Act at the Daejeon District Court on August 20, 2012. On May 25, 2012, the Defendant was sentenced to a suspended sentence of four months for the violation of the Toxic Chemicals Control Act at the Suwon Franchisor Institute (hesting hallucinogenic substances). On September 12, 2012, the Defendant was sentenced to a imprisonment of eight months for the violation of the Toxic Chemicals Control Act at the Suwon Flag Institute (hesting hallucinogenic substances), and was sentenced to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at Suwon Flag, etc. on November 27, 2015, and the judgment at the Jeju District Court terminated the execution of the sentence.

Criminal facts

On July 1, 2017, at around 21:40, the Defendant injected hallucinogenic substances at the entrance of a vinyl paper by inserting two industrial 150 grams of “Toluck” containing Toluene, which is a hallucinogenic substance, into a plastic paper, and inserting them at the entrance of a vinyl paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Certificates of hallucinogenic substances;

1. Previous convictions: Inquiries about criminal history, copies of each judgment, and application of Acts and subordinate statutes to report criminal investigations (the confirmation date of release);

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommended punishment] : (a) the basic area (six months to one year) of Class 1 of the Criminal Code (Hicic substances) [no person subject to special sentencing] / [decision of sentence] 4 times as a crime of the same type / there are two times the past records of punishment; (b) the crime of this case is a crime committed during the period of repeated crime; and (c) the circumstances favorable to the defendant's mistake and his will for rehabilitation are taken into account; and (d) the defendant's age, sex, etc. is committed.