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(영문) 서울서부지방법원 2015.12.08 2015고단2615

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 14, 2015, the Defendant purchased at KRW 7,000 abs. 2 of the industrial d.s. f. f. f., an industrial d. f., which contains hallucinogenic substances, at the store in the D market located in Eunpyeong-gu Seoul Metropolitan Government.

On October 15, 2015, at around 15:30 on October 15, 2015, the Defendant: (a) divided the main purchase into eight in color plastic paper paper; and (b) inhaled them over about one hour at the entrance of plastic paper paper by means of heating and hiding the main purchase into the entrance of plastic paper paper; and (c) inhaled them over 16:30 on the same day.

2. On October 24, 2015, around 08:00, the Defendant purchased at KRW 3,500 the main text of the industrial invoice of Article 3,50 of the Daest Chemical Industry Co., Ltd., Ltd., which contains luluene elements of hallucinogenic substances, at the steel point, as described in paragraph (1).

After that, at around 20:00 on the same day, the Defendant, in the Defendant’s residence as described in paragraph (1), divided the three types of checks prepared in advance to put them into three plastic paper, and inhaled them over two hours in the face of about 22:00 on the entrance of vinyl paper by means of strawing and hiding them at the entrance of vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to a report on investigation (investigation, etc. of main ingredients) and report on internal investigation (the confirmation of main ingredients used by a suspect for committing a crime);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act on criminal facts;

1. Of concurrent crimes, the Defendant for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act can have a record of being punished for the same kind of crime. On February 24, 2015, the period of suspension of execution, for which the judgment of suspension of the execution of imprisonment was finalized due to the same kind of crime.

However, the fact that the defendant acknowledges and reflects the mistake, that the defendant voluntarily reported to the police immediately after the crime, and other reasons.