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(영문) 부산지방법원 서부지원 2021.03.25 2021고합41

화학물질관리법위반(환각물질흡입)등

Text

A defendant shall be punished by imprisonment for two years.

It is presumed that two main industrialboards (No. 1) and two main industrialboards, which have been seized, are presumed to be principal.

Reasons

Punishment of the crime

Defendant

On November 6, 2018, the applicant for the medical care and custody (hereinafter referred to as "defendant") was sentenced to imprisonment with prison labor for the violation of the Chemicals Control Act (snorting hallucinogenic substances) at the Busan District Court's dong Branch on November 6, 2018, and completed the execution of the sentence at the Ganyang detention center on January 28, 2020.

1. No person who violates the Chemicals Control Act shall take in or inhale any chemical substance that causes smoking, hallucination, or anesthesia;

Around 1:00 on January 19, 2021, the Defendant parked in the vicinity of the Busan Southern-gu B market, and inhaled approximately 25 minutes by inserting 25 minutes of a shape-type coke industrial key in a transparent plastic paper containing hallucinogenic substances.

2. No driver of any motor vehicle in violation of the Traffic Act shall drive any motor vehicle while he/she is unlikely to drive the motor vehicle normally due to influence of drugs;

The Defendant, at the same time and place as Paragraph 1, was driving a Crentop car in a state where it is unlikely to drive normally due to the influence of drugs by inhaleing the main body containing hallucinogenic substances, such as Paragraph 1, at approximately 37 km section in front of the public parking lot for the Yung-dong, Busan.

The defendant has committed a crime corresponding to imprisonment without prison labor or a heavier punishment against a person who has a habit of inhaleing substances that are likely to be abused or harmful.

The Defendant had a record of being subject to criminal punishment for 16 times as a crime of inhaleing hallucinogenic substances, and was sentenced to the treatment and custody for the same crime on January 28, 2020, and again committed the instant crime of smelting hallucinogenic substances at one year after the execution of punishment was completed, and thus, it is necessary to have a high risk of recidivism and receive treatment at the treatment and custody facility.

Summary of Evidence

1. The defendant's statement in court;