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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree, which causes smoking, hallucination, or anesthesia (hereinafter referred to as "hic substance").
1. Around January 6, 2019, the Defendant inhaled hallucinogenic substances: (a) in Gangnam-gu Seoul Metropolitan Government building B, and in a capsule Nos. 3, 450 hallucinogenic substances (hereinafter referred to as “compactic substance”), using a doping manufacturing machine, put hallucinogenic substances into a wind line; and (b) inhaled gas in the wind line.
2. From December 21, 2018 to January 23, 2019, the Defendant in possession of hallucinogenic substances purchased and possessed 8,850 caps (on a market price equivalent to 7,080,000 won) in which Axic oxide was located for the purpose of inhaleing 70 times as shown in the list of crimes in attached Form 1 at the places listed in paragraph (1) from around December 21, 2018 to January 23, 2019.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement of the suspect interrogation protocol on the accused prepared by the police;
1. Each investigation report prepared by the prosecution (in cases of documents attached thereto, including documents attached thereto) (Attachment of police transfer opinions of the police related to sales books dealt with a punishment for piracy / Reporting to repreparation a list of crimes / Examination into the recording of telephone);
1. Report on occurrence of police preparation (including attached documents), recording in violation of the Chemicals Control Act (snesting hallucinogenic substances) and images (including attached documents);
1. Application of Acts and subordinate statutes to the statement (including attached documents) of the request to send the statement of 112 reported case processing by the commissioner of the Seoul Local Police Agency;
1. Relevant Articles and 59 (6) and 22 (1) of the Act on the Management of hallucinogenic Substances shall apply to the relevant criminal facts and the judgment of choice of punishment: Each point of view;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 1 of the Judgment with the most severe punishment);
1. The grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are the crimes of this case between the crimes for which the sentencing guidelines are set.