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(영문) 제주지방법원 2013.09.27 2013고단889

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on June 14, 2013, the Defendant injected three of the “Dpande” 205 of the “Dpande”, which is located in Jeju Island, into a vinyl paper, in which three of the “tolcoke” crokes containing hallucinogenic ingredients, were injected at the entrance of a vinyl paper by hanging the croke and hiding at the entrance of the vinyl paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the records of seizure, the list of seizure and relevant Acts and subordinate statutes;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Probation: The main sentence of Article 62-2 (1) and (2) of the Criminal Act;

1. Confiscation: The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: Recommendations, sentences, scope of sentence [the scope of sentence [the category of narcotics crime, medication, simple possession, etc., the first category (hic substances), the basic area, six months of imprisonment] and all the following circumstances are considered to be determined as the order: Recognizing the facts of crime and seriously reflect: The favorable circumstances: After being sentenced to a punishment for the same kind of crime in 2006, it appears that there is no other criminal record than the one sentenced to a fine in 2006, and there is no other criminal record and rehabilitation intent, and when the defendant is detained without any unmarried sibling, there is an excessive difficulty in rehabilitation for his family members. It is so decided as per Disposition by the assent of all participating Justices on the grounds that the defendant's occupation, previous criminal record, etc. is not less than five times.