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

One copy of the seized swine ticket (No. 1) and one certificate of a black bag.

Punishment of the crime

[Criminal Power] On November 29, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the District Court for the purpose of inhaleing hallucinogenic substances, and completed the execution of the sentence on October 24, 2018.

【Criminal Facts】

Around 02:10 on January 8, 2019, the Defendant inhaled hallucinogenic substances in the first floor and second floor of the building located in Ji Government-si, and in any iron shop, one copy of the “uins D-5250 industrial main d-5250” (Evidence No. 1) containing hallucinogenic substances purchased at a certain bar into a test plastic paper (Evidence No. 2), and then inhaled hallucinogenic substances in a plastic bag in a form of dinyl chloride (Evidence No. 2).

Summary of Evidence

1. Defendant's legal statement;

1. On-site, suspect photographs and photographs of voluntarily presented articles;

1. Investigation report (case on the result of appraisal);

1. Existing existence under subparagraphs 1 and 2 of this paragraph;

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

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

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

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

1. One month to six years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. Aggravation factors of Category 1 (Special Aggravations): Aggravationd factors for medication, simple possession, etc. of narcotics: Imprisonment with prison labor for 8 months from one year to 1 year and 6 months from the area of aggravation (a decision on the recommended area) of the same criminal history (a decision on the recommended area within 3 years), respectively.

3. The sentencing of hallucinogenic substances is likely to repeat a crime and have a high risk of social harm and thus requires strict punishment.

Furthermore, the defendant has been punished several times for the same crime, and the defendant has committed the crime of this case during the period of repeated crime due to the previous conviction in the judgment, so the defendant has been sentenced to punishment.

In addition, the arguments of this case, such as the defendant's age, character and conduct, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime, etc.