A defendant shall be punished by imprisonment for one year.

Seized evidence 2 shall be confiscated.

Punishment of the crime

[Criminal Power] On March 30, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the Incheon District Court on March 30, 2018, and the execution of the sentence was terminated on February 6, 2019.

【Criminal Facts】

No person shall take in or inhale an butane gas which is a chemical substance prescribed by Presidential Decree (hereinafter referred to as "hic substance"), which causes smoking, hallucination, or anesthesia, or possess it for such purposes.

Nevertheless, around 19:00 on April 21, 2019, the Defendant injected 10 butane gases, which are hallucinogenic substances, by inserting the injecting the portable butane gas into the Defendant’s residence in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and each list of seizure;

1. Photographs of seized articles;

1. Photographs of the suspect or his/her residence;

1. Previous convictions indicated in judgment: Investigation report (verification of crimes during the period of repeated crime A) and application of Acts and subordinate statutes concerning criminal records;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

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 same criminal record (not more than a three-year suspended sentence) in the area of aggravation (eight months to one year and six months) in the area of aggravation (eight months to one year) according to the sentencing guidelines, the scope of recommended punishment (the scope of recommended punishment), medication, simple possession, etc. according to the sentencing guidelines;

2. The defendant's decision of sentencing reflects his fault and does not repeat the crime.

However, the defendant has been 9 times or has been punished for the same crime, and in particular, he again committed the crime of this case during the repeated crime period, and it is judged that the risk of recidivism is high.

In full view of the above circumstances, the sentencing conditions shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are as follows.