beta
Text
A defendant shall be punished by imprisonment for one year.
A person who applies for a medical care and custody shall be punished.
Reasons
Criminal facts
On November 7, 2014, the Ulsan District Court sentenced the Defendant to four months of imprisonment for a crime of violation of the Toxic Chemicals Control Act (injecting hallucinogenic substances) and completed the execution of the sentence on March 5, 2015 at the Ulsan Detention Center.
[Criminal facts] No person shall inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia.
그럼에도 불구하고 피고인은 2016. 6. 13. 23:00 경 울산 남구 C에 있는 ‘D’ 앞 노상에서, 환각물질인 톨루엔이 들어 있는 ‘ 펭귄 칼라 코크’ 공업용 본드 1개를 비닐봉지에 짜 넣은 다음, 봉지 입구에 코와 입을 대고 숨을 들이마시는 방법으로 환각물질을 흡입하였다.
[Facts of the cause of the treatment and custody] The Defendant needs to receive treatment at the treatment and custody facilities, and there is a risk of recidivism, as a person who, despite 18 times of the same force, has a habitive or addicted to inhales of hallucinogenic substances, such as inhales of hallucinogenic substances, or has been addicted to it.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (a written expert report on hallucinogenic substances);
1. On-site photographs;
1. Previous records of judgment: A reply to inquiry, such as criminal history, each investigation report (report on confirmation, such as the termination date of execution of punishment related to repeated crimes, and reporting on attachment of the same criminal records, such as judgments, etc.
1. The need for treatment as indicated in the judgment and the risk of recidivism: <1> The Defendant committed a crime of 18 times in the following circumstances acknowledged by the records of the instant case, namely, (i) the Defendant had a history of criminal punishment for 18 times as a crime of inhaleing hallucinogenic substances; and (ii) the Defendant promised to actively receive rehabilitation treatment after the completion of the sentence on March 5, 2015; but (iii) the Defendant committed the instant crime again during the repeated crime period except for those subject to treatment on a intermittent basis twice.