Text
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 1 and No. 2 shall be forfeited from the accused.
Reasons
Punishment of the crime
피고인은 2014. 12. 5. 15:00경 수원시 권선구 C에 있는 자신의 집에서, 환각물질인 톨루엔이 함유된 ‘펭귄칼라코크’ 공업용 본드를 비닐봉지에 짜 넣은 다음 비닐봉지 입구에 입을 대고 20~30분 가량 숨을 들이마시는 방법으로 흡입한 것을 비롯하여, 그 때부터 2014. 12. 6. 18:00경까지 별지 범죄일람표 기재와 같이 7회에 걸쳐 환각물질을 각 흡입하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The police seizure record and the list of seizure;
1. Each photograph;
1. Application of Acts and subordinate statutes to written appraisal;
1. Articles 58 subparagraph 3 and 43 (1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013); and
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [type of crime] 1 – basic area of hallucinogenic substances (territory and scope of recommendations), such as medication, etc. - six months of imprisonment to six months or more, or one year of imprisonment (the scope of recommended punishment revised by the guidelines for handling multiple crimes ] 6 months or more from six months to ten months of imprisonment / [general person] aggravated factors of imprisonment / [decision of sentence] 8 months of imprisonment - The defendant committed the crime of this case when he/she was sentenced to criminal punishment for the same kind of crime including imprisonment with prison labor, even though he/she had the record of being sentenced to criminal punishment for the same crime, and on the other hand, he/she recognized all