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(영문) 대구지방법원 2018.03.23 2018고단556

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On October 11, 2016, the Defendant was sentenced to one year and four months of imprisonment due to the violation of the Chemicals Control Act (snorting hallucinogenic substances), and completed the execution of the sentence at the Daegu detention center on November 2, 2017.

No person shall take in or inhale hallucinogenic substances, or possess them for this purpose.

On February 1, 2018, at around 19:50, the Defendant injected hallucinogenic substances at the Defendant’s house located in Yongcheon-do, Youngcheon-do, by dividing one blodide in five plastic paper, which is a hallucinogenic substance, into five plastic paper, and inserting them into the entrance of a plastic paper, and inserting them into the entrance of a plastic paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Response to a request for appraisal;

1. Each photograph;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (verification of suspect confinement information), investigation reports (report attached to personal confinement status), and application of Acts and subordinate statutes to personal confinement status;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant had been subject to eight times punishment for the crime of inhaleing hallucinogenic substances of the same kind in the instant case, and that the Defendant again committed the instant crime during the same repeated crime period, and that the Defendant paid the Defendant’s residence in the process of the instant crime, it appears that the Defendant could be able to block other crimes in a hallucing state.

The fact that the defendant's health is not good due to the appearance of the defendant, and that the defendant's health is against the defendant is advantageous.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.