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

One of the seized butane gas (No. 1) shall be confiscated.

Punishment of the crime

[criminal history] On August 13, 2015, the Defendant was sentenced to one year and six months for the violation of the Chemicals Control Act in the residents support of the Daegu District Court (hereinafter “Tagu District Court”) and completed the execution of the sentence in the Ansan Prison on November 23, 2016.

[Criminal facts] No person shall take in, inhale, or possess hallucinogenic substances prescribed by Presidential Decree, among chemicals that cause entertainment, hallucination, or anesthesia.

Nevertheless, at around 17:15 on June 20, 2017, the Defendant saw the Defendant’s residence as a alleyway in front of it, and inhaled the hallucinogenic substance by using one bomb gas, which is a hallucinogenic substance, as his hand, as a scambling method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Reporting on the arrest of a victim in the act of committing the crime;

1. A protocol of seizure and a list of seizure;

1. Each internal investigation report (No. 4 through 6, 16) and each investigation report (Evidence List No. 9, 14, 15, 17);

1. Response to a request for appraisal;

1. 112 A list of reported cases;

1. Previous conviction: Application of a written inquiry, a written inquiry, such as criminal history, a criminal investigation report (No. 12 of the evidence list), and a prisoner's search result;

1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Aggravation factors (person who is subject to special sentencing): The scope of recommended punishment according to the sentencing guidelines [types] shall be limited to the area of aggravated punishment for the same kind of crime [the scope of recommended punishment], the area of aggravated punishment for eight months to one year, and not more than six months;

2. Although the Defendant had been sentenced to punishment more than one time for the same crime, he again committed the instant crime during the period of repeated crime.

It is necessary to strictly punish the defendant.

However, it is favorable for the defendant to recognize and reflect the crime.