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(영문) 수원지방법원 안산지원 2018.09.17 2018고단1064

화학물질관리법위반(환각물질흡입)

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed 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").

1. On January 6, 2018, Defendant A, along with C 401, and B and D, sold two “one-day scam frame (420ml)” on a vinyl paper containing hallucinogenic substances, in which he/she had two scamscams, and inhaled them by means of scaming and hiding them into a vinyl paper.

2. Defendant B

A. At around 09:40 on January 6, 2018, the Defendant, together with A and D, injected two “one-day framework (420ml)” on a vinyl wing box containing hallucinogenic substances, in which he/she respectively possessed two “one-day framework (420ml)” in the form of a vinyl wing box, and inhales them by means of duplicating his/her coin and a vinyl.

B. On January 13, 2018, the Defendant, within the scope of C, 401 at Sinsi, c, 15:10 on January 13, 2018, fluored two of the “Japan Kascisscis (420ml)” in vinyl c, a hallucinogenic substance, and inhaled them by means of hiding it in vinyl fluort.

Summary of Evidence

1. Defendants’ 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 criminal facts;

(a) Defendant A: Articles 59 subparag. 6 and 22 subparag. 1 of the hallucinogenic Substances Control Act;

(b) Defendant B: Articles 59 subparag. 6 and 22 subparag. 1 of the hallucinogenic Substances Management Act;

1. Selection of punishment (the Defendants)

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act

1. Orders to observe protection and attend lectures and orders to provide community service (the Defendants) under Article 62-2 of the Criminal Act;

1. Defendant A with the reason for sentencing of Article 48(1)1 of the Criminal Act (Defendant B) committed a second offense even though the same record was several times.

In addition, the defendants' age, gender, and age.