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(영문) 서울동부지방법원 2012.12.12 2012고단2334

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On June 3, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Toxic Chemicals Control Act at the Sungnam branch of the Suwon District Court on October, 201, and the said judgment became final and conclusive on June 11, 201 and is currently under suspended sentence.

At around 17:00 on September 9, 2012, the Defendant purchased at 12,00 won a part of 6 pincoke fluort fluort fluort fluort fluort fluort, a hallucinogenic substance, at a steel store in the Songpa-gu Seoul Metropolitan City market, and thereafter purchased at the eightth floor of the same D apartment, around 22:40 on the same day, and 3 pinco fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluort fluor.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Certificates of hallucinogenic substances;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

1. Of concurrent crimes, the decision of a sentence [the decision of a sentence] according to the sentencing guidelines under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes: Narcotics crimes, medication, simple possession, etc. [the special appearance] increased factors: Additional area [the decision of a recommended area] [the decision of a recommended area] increased by previous crimes (the decision of a recommendation area shall be not less than three years), referring to August to June;