A defendant shall be punished by imprisonment for two years.

A person who applies for a medical care and custody shall be punished.

Criminal facts

【Criminal Records of the Grounds for the Medical Care and Custody 【Criminal Records】 On July 7, 2014, the Seoul Southern District Court sentenced the Defendant to one year and six months of imprisonment and the medical care and custody for the violation of the Toxic Chemicals Control Act (acusing hallucinogenic substances). On August 3, 2015, the medical care and custody was terminated, and the execution of the sentence was terminated on January 4, 2016.

No person committing a crime shall inhale chemicals that cause stimulities, hallucination, or anesthesia.

1. From November 21, 2017 to around 10:00 of the following day, the Defendant inhaled 2 pigs in D hotels located in Gangseo-gu Seoul Metropolitan Government, using two plastic strings containing TolueneN, into plastic wings, and breathizing them into vinyl and brocon, in vinyl wings.

2. From around 12:00 on December 12, 2017 to around 15:00 on the same day, the Defendant inhaled, at the Defendant’s house located on the first underground floor of Gangseo-gu Seoul Metropolitan Government E, one main sheet of the pigs indicated in paragraph (1) into a vinyl bed and inhaled in a vinyl bed.

【The facts constituting the cause of the medical care and custody】 The Defendant had the same career of punishment 11 times, re-offending during the period of repeated offense, and the Defendant committed repeated crimes in around December 12, 2017, immediately after undergoing the police investigation around December 8, 2017, in relation to the inhaled facts of hallucinogenic substances around November 21, 2017. In full view of the following, the Defendant’s physical disorder to inhaled the main substance containing hallucinogenic substances is recognized and the control power has already been lost in relation to the inhaledness, and thus, there is a need to undergo medical treatment and custody facilities in the treatment and custody facilities, and there is a risk of re-offending.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Records of police seizure, list of seizure, and original photograph thereof;

1. Requests for appraisal of uriine samples, certificates of close inspection, certificates of narcotic appraisal, photographs of principal and vinyl finites, and written expert opinions of hallucinogenic substances;

1. Each investigation report (the report related to sending the results of appraisal of corrected samples and the object voluntarily submitted by the suspect; and