A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Punishment of the crime

On November 19, 2010, the Defendant was transferred to the Medical Treatment and Custody Center on February 23, 2011 and completed the execution of the sentence on March 5, 2012, when he was sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act (snorting hallucinogenic substances) at the Ansan District Court's Ansan Branch, and was serving in the Suwon Detention Center.

Criminal facts

No one may inhale toxic chemicals that cause smoking, hallucation, or anesthesia. However, the Defendant prepared a mocoke in Nowon-gu in Seoul Special Metropolitan City on January 30, 2013 in advance to put the mocoke in a vinyl bed, and then inhales a broke containing luthic ingredients at the entrance of the wing paper and at approximately 30 minutes, in a manner that makes it difficult for the Defendant to conceal them at the entrance of the wing paper.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. A table on analysis of ingredients of mocoke;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of the date of release and repeated crime during the period of repeated crime);

1. Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Act on criminal facts;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types of crime: Narcotics crime group, medication, simple possession, etc., and hallucinogenic substances (type 1);

(b) Persons under special circumstances: For habitual offenders, previous criminal records of the same kind (not less than three years of suspension of execution); and

(c) Recommendations area: Special adjusted area;

(d) Scope of recommendation: Imprisonment for not less than eight months but not more than two years and not more than three months; and

E. The Defendant, who was sentenced to imprisonment with prison labor and a sentence of medical treatment and custody on 15 occasions for the same crime, was sentenced to imprisonment with prison labor and a sentence of medical treatment and custody on 8 occasions, and committed another crime before the lapse of one year and 6 months from the date of release on March 5, 2012, etc. is an element of sentencing unfavorable to the Defendant.