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(영문) 수원지방법원 안양지원 2020.02.14 2019고단2529

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 2 or 3 shall be confiscated from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Chemicals Control Act at the Suwon District Court, and the said judgment became final and conclusive on December 7, 2019.

【Criminal Facts】

No person shall take in or inhale any chemical substance prescribed by Presidential Decree, which causes smoking, hallucination, or anesthesia (hereinafter referred to as "hic substances").

Nevertheless, around 19:30 on December 4, 2019, the Defendant: (a) laid in the Manan-gu Bab T, Annyang-si, Manyang-si; (b) laid in the stop of a luxer containing Toluene, which is a hallucinogenic substance, the Defendant inhaled it into the bar of a luxyl chloride, and inhaled it by the croc and the crocf.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs, etc.;

1. Ratifications (in response to a reply with the State and an appraisal);

1. Previous records of judgment: Criminal records, investigation reports ( inquiry of criminal records, etc. of suspects A), documents printed out of the summary of case agreements, copies of written judgments, and application of 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act appears to have an attitude that the defendant recognized the crime and reflects the mistake.

Although imprisonment with prison labor for the same kind of crime has been sentenced, relatively recently there was no same criminal record.

The principle of equity shall be taken into consideration when a judgment is to be rendered simultaneously with the crime of a previous offense which has become final and conclusive.

However, the inhalement of hallucinogenic substances, such as the case, is highly likely to be related to various crimes and flights, and the harm to the public health is significant.

In particular, the defendant was prosecuted for the same crime and was released at the appellate court for six months after the expiration of the term of punishment, and again committed the crime of this case during the period of appeal which has not yet been released.

Such circumstances and the age of the defendant;