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(영문) 대구지방법원 상주지원 2015.08.13 2015고합26

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized butane gas (one ball gas) shall be confiscated by 12.

(e).

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to one year and six months of imprisonment for violation of the Toxic Chemicals Control Act and medical treatment and custody in the Daegu District Court resident support on April 22, 2015, and completed the execution of the sentence in the official prison.

On May 27, 2015, the Defendant inhaled eight butane gases, which are hallucinogenic substances, by opening a lid in the mother-friendly residence of the Defendant, located in Seodaemun-si, and taking the bottom of the above gas tank, and inhaleing the gas from the gas influor between the fluor and the fluor.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (on the site conditions and accompanying photographs at the same time), and on-site photographs;

1. Records of seizure and the list of seizure;

1. An appraisal report on poisonous substances;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (limited to the confirmation of identical criminal records and confinement information), results of prisoners' search, and application of identical records, judgments and copies of the same Act and subordinate statutes;

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The scope of punishment by sentence: Imprisonment for not more than six years;

2. Application of the sentencing guidelines (determination of types), the group of narcotics crimes, medication, simple possession, etc., and the type 1 (Special Dangerous Substances) (Special Dangerous Substances) for habitual offenders, such previous division (not less than a three-year suspended sentence) (the scope of recommending punishment) [the range of recommending punishment] from August to February, and March (Special Aggravation).

3. Determination of sentence: Imprisonment with prison labor for a year and June, even though the defendant had been sentenced seven times for the same crimes as this case, it is inevitable to severely punish the defendant in light of the fact that he inhales hallucinogenic substances during the period of repeated crime.

However, the defendant recognized his mistake and is in profoundly against the defendant, and the crime of this case was simply conducted in inhaled hallucinogenic substances and did not proceed to another second crime, and the defendant's age, character and conduct, environment, motive for the crime.