beta
(영문) 인천지방법원 2018.10.18 2018고단4753

화학물질관리법위반(환각물질흡입)

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 8, 2017, Defendant A was sentenced to imprisonment with prison labor for a maximum of four months for fraud at the Incheon District Court, and on September 28, 2017, the execution of the above punishment was terminated.

[Criminal facts] No person may take in or inhale Toluene, which is a chemical that causes an entertainment hall or anesthesia, or possess it for this purpose.

Nevertheless, at around 10:10 on May 3, 2018, the Defendants discovered one of the strong air folding agents in the industrial sector containing hallucinogenic substances, which are hallucinogenic substances in the vicinity of the Seo-gu Incheon Seo-gu Incheon District, and conspired to inhale the main dial, acquired the main dial, and then moved the main dial to the rooftop of the said house by seeking verification-style plastic dial paper in the vicinity, and then, put the dial on the main dial into a black plastic dial paper for the purpose of inhaleing the dial divers of the diversic dial and coin on the plastic dial paper.

As a result, the Defendants conspired to do so for the purpose of taking in or inhaleing Toluene, which is a chemical that causes an entertainment hall or anesthesia.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. Investigation report (the reporter's DNA telephone call);

1. Two copies of photographs of violent exploitation agents and vinyl paper taken on the spot for industrial use; and

1. Previous convictions in judgment: Inquiries about criminal history (A), reporting of investigation (verification during the period of suspect A, repeated crime, and suspension of execution);

1. The Defendants: Article 59 Subparag. 6 and Article 22(1) of the Chemicals Control Act; Article 30 of the Criminal Act; Articles 30 and 10 of the Criminal Act; Articles 59 and 22 of the same Act;

1. Defendant A who has aggravated repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The defendant A [the scope of a recommended punishment] medication, simple possession, etc., and the aggravated area (from August to June) of the first type (Hicic substances) [the specially aggravated person] of the same criminal offense (the suspended execution of not more than three years)

B. Defendant B [the scope of recommended punishment] medication, simple possession, etc., and the basic area (from June to one year) of the type of hallucinogenic substances.