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(영문) 의정부지방법원 2013.03.28 2013고단532

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

14 (Evidence No. 2) and portable butane gas in blank, seized mocoke 150 ghh.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on the grounds of the violation of the Toxic Chemicals Control Act, and completed the execution of the sentence in the third prison of the Gyeongbuk-gu, Gyeongbuk-gu, 2012.

【Criminal Facts】

On February 23, 2013, from around 20:0 to 10:00 the following day, the Defendant prepared 15 pinck industrial key 15 (150g per 150g in weight), 10 copies of butane gas, a portable fuel as a hallucinogenic substance, and 14 of the above dincing, in which the Defendant inhales and inhales them into the entrance of the plastic paper, and 14 of the above dincing, in which the Defendant scins and inhales them into the paper of the plastic paper, and 10 of the above dincates were subdivided into the plastic paper, into the paper of the plastic paper, and 10 of the above dincates were carried into the paper of the plastic paper, with the intent to din and inhale them into the entrance of the plastic paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Vehicles and seized photographs;

1. Previous records: Criminal records, etc. inquiry reports, and application of Acts and subordinate statutes to confirm and report the release of suspects and repeated offenses;

1. Relevant Articles 58 and 43 (1) of the Toxic Chemicals Control Act (the point of inhaleing hallucinogenic substances, the point of possessing hallucinogenic substances, the point of possessing hallucinogenic substances for inhaled purposes, and the choice of imprisonment, respectively);

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant committed the crime of this case while being led to an economic problem, and there are favorable circumstances for sentencing, such as recognizing him/her to commit the crime and misunderstandings, but there are many criminal convictions for the defendant. In particular, the crime of this case was committed during the period of repeated crimes, taking into account the fact that the crime of this case was committed during the period of repeated crimes