A defendant shall be punished by imprisonment for not more than ten months.

Two (No. 1 and 2) butane gas seized shall be confiscated, respectively.

Punishment of the crime

On April 21, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Incheon District Court on August 5, 201, and completed the execution of the sentence on August 5, 2010. On April 28, 2011, the Incheon District Court sentenced nine months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Incheon District Court on October 30, 201, and completed the execution of the sentence on October 10, 201. On October 10, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Incheon District Court on June 21, 2013.

1. On June 25, 2013, the Defendant inhaled according to the Toxic Chemicals Control Act (hestesting hallucinogenic substances) in a manner that seems easy to conceal gas entering by dividing carbon gas, which is a hallucinogenic substance, purchased at the nearest convenience point in D, located in Nam-gu Incheon Metropolitan City, into a breathic gas input, around June 25, 2013.

2. On June 28, 2013, the Defendant, at around 12:20 on June 28, 2013, inhaled carbon gases, which are hallucinogenic substances, purchased at the nearest convenience store in the studal parking lot in Nam-gu Incheon Metropolitan City Etel, in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure (field and voluntary submission), each list of seizure, photographs, etc. at the time of each field;

1. Previous records: Application of criminal records, investigation reports (the filing of the same criminal records, the binding of the judgment, and the date of release);

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts that the defendant had a state of mental disability at the time of committing the instant crime.

However, according to the defendant's behavior before and after the crime, it can be seen that the defendant was in a state of mental disability.