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(영문) 수원지방법원 안산지원 2018.10.18 2018고단1064 (1)

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree, which causes entertainment, hallucination, or anesthesia (hereinafter referred to as "hic substance").

around 09:40 on January 6, 2018, the Defendant, together with C and D, injected two “one-day frameworks (420ml)” on the plastic paper in which he had a luene, a hallucinogenic substance, together with C and D, in a form of duplicating and hiding it into the plastic paper, and then duplicating it into the plastic paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Joint Defendant C and D’s respective legal statements;

1. Each protocol of seizure and the list of seizure;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 (1) of the Act on the Management of hallucinogenic Substances subject to the option of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of being punished for the same kind of crime on one occasion; (b) the Defendant’s age, sex, career, family environment; (c) the Defendant’s motive and means of the crime; and (d) the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, career, home environment; and (e) the motive and means of the crime; and (e) the sentence as the Disposition