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(영문) 의정부지방법원 2013.09.03 2013고단1033

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on May 6, 201. On May 6, 2012, the Defendant 201, who completed the enforcement of the sentence. On April 10, 2013, the Defendant 2nd floor of the Defendant’s second floor of the 3nd floor of the 3nd floor of the 3nd floor of the 2nd floor of the 2nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 3nd floor of the 4th floor of the 3nd floor of the 3nd floor of the 3nd floor of the 4th floor of the 3nd floor of the 2nd floor of the 4th floor of the 2nd floor of the 3nd floor of the 4th floor of the 2nd floor

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. As for subparagraphs 1 and 2 of the certificate of seizure of the police record, the police officer does not sentence confiscation as it appears that it was entirely destroyed after expert evidence;

1. Captains;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 58 of the Toxic Chemicals Control Act and Articles 58 (1) 3 and 43 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The range of applicable sentences for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes: The final scope of sentence recommended by the sentencing guidelines from January to September: Imprisonment with prison labor to September; the final scope of sentence recommended by the sentencing guidelines: From August to September;

1. Aggravation of each hallucinogenic substance in the holding [type of crime] The types of hallucinogenic substances in the standard for medication, simple possession, etc. among the class of narcotics crimes (special scams: Aggravation of punishment: No such factors as punishment for the same kind of crime and mitigation shall be recommended [the range of recommending punishment] as an aggravated area (from August to June);

2. Two years and nine months of imprisonment with prison labor from August to September according to the standards for handling a majority of the final recommendations (=one year of imprisonment with prison labor, which is the upper limit of balancing range in the holding No. 4 of the crime committed by inhaleing hallucinogenic substances).