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(영문) 제주지방법원 2013.09.13 2013고단1020

유해화학물질관리법위반(환각물질흡입)

Text

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

Seized evidence 2 and 3 shall be confiscated, respectively.

Reasons

Punishment of the crime

[Criminal Power] On May 20, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Jeju District Court on May 20, 201, and completed the execution of the sentence in the Jeju Prison on September 8, 2012.

【Criminal Facts】

Defendant,

1. On August 2, 2013, around 10:30 on Jeju, at the central stairs of the underground parking lot, C Apartment 104, an industrial key part of the luene, containing hallucinogenic substances, is put in in a vinyl paper, and inhales them by a method of hanging the lux at the entrance of the lux in a vinyl paper, and exposing them by a method of exposing the lux with the lux at the entrance of the lux;

2. Intake industrial keys containing hallucinogenic substances in the same manner as described in paragraph (1), at the places described in paragraph (1) at around 18:00 on August 2, 2013;

3. At around 10:00 on August 6, 2013, the Defendant’s house c apartment 104 Dong 107, the Defendant inhaled the industrial key material containing hallucinogenic substances in the same manner as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on seizure, a list of seizure, a person subject to probation, a written appraisal of hallucinogenic substances;

1. Previous convictions in judgment: Application of investigation reports (Evidence List No. 19)-related Acts and subordinate statutes;

1. The pertinent Article on criminal facts and the selection of punishment: Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

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

1. Confiscation: The sentencing guidelines on the reasons for sentencing under Article 48(1)1 of the Criminal Act include recommendation range [the scope of sentence [the first class of narcotics crime, medication, simple possession, etc., the first class of hallucinogenic substances, the aggravated area (the same class of criminal records), the standards for processing multiple crimes, the imprisonment with prison labor for August - September 2], and the following circumstances. favorable circumstances: The time of and reflects the facts of the crime; the fact that the person committed a previous crime; the fact that the person was taken back and released from the previous crime and showed his rehabilitation will for about one year; the fact that the person committed a same type of criminal offense and multiple criminal records; and the fact that the person committed a crime is considered to have been committed.