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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 shall be forfeited from the accused.
Reasons
Punishment of the crime
On February 1, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Chemicals Control Act in the Seoul Central District Court on February 1, 2018, and completed the execution of the sentence on August 14, 2018.
On August 24, 2018, from around 12:00 to 22:00, the Defendant inhaled 11 copy of butane gas, which is a hallucinogenic substance, by putting in hand a container “snick fuel” containing liquefied butane gas, in his/her residence at the Seoul Special Metropolitan City, Gwanak-gu building and the third floor Defendant’s residence, into hand, and dividing it into a knife and enjoying it by hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Application of Acts and subordinate statutes to investigation reports (verification of the fact during the period of repeated crimes of suspects);
1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the Defendant committed the instant crime without being able to engage in the same criminal history during the period of repeated crime.
However, in consideration of the fact that the defendant shows his attitude against his mistake and the family of the defendant wanted to have his wife, the defendant's age, sex, environment, etc., and the circumstances that form the conditions for the sentencing specified in the argument of this case, the punishment was determined within the scope of the sentence set in the sentencing guidelines.