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A defendant shall be punished by imprisonment for not less than one year and six months.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
Reasons
Criminal facts
At around 15:20 on April 21, 2012, the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) inhaled only several times by inserting one “tourcoke”, an industrial contact factor containing hallucinogenic substances, into a vinyl, at the entrance of the building located in Yangcheon-gu Seoul Metropolitan Government, and defluoring them at the entrance of the sealing.
On April 18, 2012, the Defendant, “2012Gohap580,” in a non-fluorous place, put one main part of the fluorc industrial bag into a plastic bag, and inhales toxic chemicals by hanging them at the entrance of a vinyl fluorial paper.
The Defendant of the 2012 Highly 11 is in need of treatment at a medical treatment and custody facility because there is a habit to inhale the main body, which is a hazardous chemical substance, such as the above 2012 Highly 382 case, and there is a risk of recidivism.
Summary of Evidence
"2012 high-level382, 2012 high-level 11"
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Investigation report (related to response to requests for appraisal);
1. Protocols of seizure, list of seizure, and photograph of seizure;
1. Grounds for habition, necessity of medical treatment, and risk of recidivism: In light of the above evidence and criminal records, inquiry report, opinion, the status of the defendant recognized by the Seoul Southern District Court Decision 2011No3387 decided by the Seoul Southern District Court Decision, and the criminal behavior, living environment, methods and details of the crime at the time of committing the crime, and criminal records, it is recognized that there is a need for medical treatment, and risk of recidivism of hallucinogenic substances."
1. Defendant's legal statement;
1. Records of seizure, list of seizure and photographs;
1. The Defendant and the defense counsel asserted that the Defendant and the Defendant’s defense counsel’s assertion regarding the crime of April 21, 2012 in this case only inhaled the dys before the above date, and that no dysium had been inhaled on the above date, but the evidence duly adopted and examined by this court, in particular, the witness D.