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(영문) 수원지방법원 성남지원 2018.11.21 2018고단2127

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Nices 12 (No. 1) seized Nices 12 (No. 1) and Earchemical Home Stars .

Reasons

Punishment of the crime

[criminal history] On November 1, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Chemicals Control Act in the Support for Innsan of Suwon Fics, and completed the execution of the sentence in the Innuri Prison on September 18, 2018.

[Criminal facts] No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for this purpose.

Nevertheless, around September 20, 2018, the Defendant 15:30, around the street room of the 'C' film museum located in Gwangju City, Gwangju. On September 20, 2018, the Defendant 1 Byung, which was purchased in advance, put them into a vinyl paper, put them into a vinyl bar, and inhaled several times at the entrance of the paper.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. 112 Reporting case handling table;

1. Written response to a request for appraisal;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the fact of repeated offense of a suspect and attachment of same electric data to the same kind of records), and the current status of personal expropriation;

1. Subparagraph 6 of Article 59 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, and selection of imprisonment with labor;

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

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act (amended by Act No. 48 (1) 1), [the scope of recommendation] medication, simple possession, etc., shall be considered as a reflection of the aggravated area (from August to January 6) of the first type (Hicic Substances) [the person subject to special aggravated punishment] of the same type of crime (the decision of suspended execution for not more than three years) [the decision of suspended execution for not more than three years] of the same type of crime shall be considered as favorable circumstances, and the fact that there are many records of the same crime, and that there is a high risk of recidivism by committing the crime committed only

In addition, the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.