화학물질관리법위반(환각물질흡입)
A defendant shall be punished by imprisonment for one year.
Three (No. 1) of the seized vinyl paper, and 16 of the Home Star teaching materials.
Punishment of the crime
[Criminal Power] On April 25, 2019, the Defendant was sentenced to imprisonment with labor for a violation of the Chemicals Control Act at the Busan District Court on April 25, 2019, and the execution of the sentence was completed at the Busan Detention Center on December 30, 2019.
【Criminal Facts】
No person shall take in, inhale, or possess for this purpose any chemical substance that causes entertainment, hallucation, or anesthesia, any substance prescribed by Presidential Decree.
Nevertheless, between April 18, 2020 and 22:40 on the same day, the Defendant, within the guest room in Busan Seo-gu hotel C, Seo-gu, Busan, 2020, put 7 bottles in a vinyl with a total of “heat for the Home Bar Teaching Materials” containing hallucinogenic substances into a vinyl straw, and inhaled hallucinogenic substances in a manner of hiding them into a vinyl straw.
Summary of Evidence
1. Partial statement of the defendant;
1. On-site photographs;
1. Each written expert opinion and each hallucinogenic substance appraisal report;
1. Each protocol of seizure, list of seizure and photograph of seized articles;
1. Investigation report (attaching photographs of seized articles);
1. Previous records before ruling: Judgment on criminal records, investigation reports (verification of the termination of the execution of punishment), and defense counsel's arguments;
1. The summary of the argument is the fact that the defendant inhales sludge, but the defendant's crime of this case is forced by D.
2. Determination
A. The act of coercion referred to in Article 12 of the Criminal Act refers to an act committed by force of another person, such as intimidation, etc. that may not be resistanceable violence, life, or physical harm. In this context, irrasive violence refers to cases where a physical act cannot be absolutely done in psychological meaning or where a pressure is strong in ethical sense. Intimidation refers to intimidation in which one or a relative does not have any way to prevent any harm to the life or body of the compelled person, and coercion means to force a specific act by preventing a decision-making of the forced person’s freedom.