Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power] On April 25, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, and the judgment was finalized on May 3, 2019.
【Criminal Facts】
From April 25, 2019 to May 1, 2019, the Defendant inhaled 12 copies of the total carbon gas, which is a hallucinogenic substance, in a way of breeding, by separating the gas outlet with butane gas, within the I of the building of Gangseo-si from around May 25, 2019, into a sacopic gas.
Summary of Evidence
1. Defendant's legal statement;
1. Report on investigation;
1. Investigation report (related to hospitalization at a suspect J Hospital);
1. Previous records of judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;
1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes: These hallucinogenic substances, such as butane gases inhaled by the defendant, cause emotional anxiety and mental disorder, etc., which are related to various crimes and flight, are likely to cause personal and social harm, such as being involved in death, and are likely to be exposed to the characteristics of the crime. In addition, it is not easy to detect the crime due to the nature of the crime, and there is a high risk of recidivism due to toxicity, and may cause serious harm and harm to the national health. Therefore, the defendant needs a strict punishment. The defendant is more favorable to the defendant who committed the crime of this case before the suspended sentence of imprisonment for the same crime was sentenced to imprisonment with prison labor for the same crime, and the latter part of Article 37 of the Criminal Act is concurrent crimes with the crime of violation of the Chemicals Control Act, and the record and circumstances of this case, such as the defendant's age, character and behavior, circumstances, and circumstances after the crime, etc.