Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On April 6, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act in the Jeonju District Court’s branch court’s regular support on April 6, 2016, and completed the execution of the sentence in the Jeonju prison on October 26, 2016. On April 6, 2017, the Defendant was sentenced to one year of imprisonment for the same crime in the same court, and completed the execution of the sentence in the Jung Eup prison on November 27, 2017.
【Criminal Facts】
On July 29, 2019, around 17:35, the Defendant injected hallucinogenic substances by inserting one main fat in an transparent vinyl paper containing hallucinogenic substances purchased in advance within the premises of the building located in regular Eup/Eup/Myeon on July 29, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. A certificate of hallucinogenic substances;
1. Records of judgment: Criminal history records, personal confinement records, investigation reports (see same type of electric records), and application of two copies of judgment-making 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. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of punishment by law: One to six years of imprisonment;
2. Aggravation of the punishment according to the sentencing guidelines (the determination of types) of narcotic crimes: The scope of recommendation [the first type] according to the medication, simple possession, etc. [the person in special form] and hallucinogenic substances [the person in special form] and aggravated factors: The area of aggravation of punishment [the scope of recommendation area and recommendation area] and the area of aggravation of punishment (not less than a three-year suspension of execution] of the same
3. In light of the circumstances unfavorable to the defendant, such as the fact that the defendant, who was sentenced to punishment, did not know of the nature of the crime of this case during the period of repeated crimes, committed the crime of this case without being able to do so, and that there are many records of the same kind of records to the defendant, the confession of the crime of this case and the fact that the defendant is divided, and that the defendant expresses his intention of short-term treatment, etc., the age, character, environment, motive, means and consequence of the crime of this case shall be taken