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(영문) 전주지방법원 남원지원 2015.12.22 2015고단266

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

A certified vinyl paper (No. 1) containing seized colons.

Reasons

Punishment of the crime

1. At around 07:40 on November 20, 2015, the Defendant: (a) placed in the driver’s seat of the Dsch Rexton vehicle located in the Namwon apartment in the E market on a tamper’s tamper’s tamping tamp containing Toluene (No. 650) purchased at the E market’s trade name and tamper’s tamping plastic paper (No. 1); and (b) inhaled them by means of testing plastic paper (No. 1) with the entrance of the plastic paper at the entrance of the plastic paper.

2. On November 20, 2015, the Defendant inhaled, in the same manner as Paragraph 1, the above Contacts used from male toilets located in the 6th male floor G in Namwon-si, Namwon-si, as described in Paragraph 1, in a way as described in Paragraph 1.

3. At around 13:50 on November 21, 2015, the Defendant inhaled, using a string of test plastic paper (Evidence No. 2) in a luxton vehicle that was parked on a road near H I located in the Nam-si, Hawon-si, in the same manner as described in paragraph (1), with a luxin ston containing hallucinogenic substances purchased at the upper and upper end of the luxin vehicle (No. 650, No. 3).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (related to photographs and unsatisfying of the suspect), internal investigation report (related to purchase of the main body and investigation of the case), internal investigation report (in the event of dispatch to the site), investigation report (in the event of dispatch to the site), investigation report (in the list of reports attached to 112), investigation report (in the event of addition to data on substance safety and health), and

1. Article 59 of the Chemicals Control Act and Articles 59 subparagraph 6 and 22 of the same Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in cases of concurrent crimes with punishment prescribed for the crime of violation of the Chemicals Control Act as of November 21, 2015, which is the largest penalty) among concurrent crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than four years and not more than six months;

2. Application of the sentencing criteria;

(a) Violation of each Chemicals Control Act (Determination of types), each narcotics crime, medication, simple possession, etc., and the first category (special scinant) of hallucinogenic substances shall be nonexistent;