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(영문) 서울남부지방법원 2018.11.07 2017고단5831

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No person shall inhale any chemical substance that causes entertainment, hallucination, or anesthesia, or possess it for this purpose.

around 12:30 on October 27, 2017, the Defendant inhaled, “2017 Highest 5831”, in front of the C Library located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, by inserting nitron in a vinyl b, nitron containing hallucinogenn substances into a vinyl b, and then bolding them into the entrance of the sealed paper.

around 14:40 on December 16, 2017, the Defendant inhale 2018 Gool 1285, the Defendant inhaled in the Gangseo-gu Seoul Metropolitan Government DMoel E, and inhaled it by inserting a reagents containing Toluene, which is a hallucinogenic substance, into a vinyl, into a vinyl, and breathem.

"2018 Highest 2537"

1. On May 4, 2018, at G located in Yangcheon-gu Seoul Metropolitan Government, on May 18:50, 2018, the Defendant injected sludge containing hallucinogenic substances into vinyl wings, and inhaled them by means of stringing and hiding them at the entrance of the enclosed.

2. On May 17, 2018, the Defendant inhaled nitron in the office located in H in Yangcheon-gu Seoul Metropolitan Government on May 17, 2018, and in the same manner as paragraph 1.

Summary of Evidence

"2017 Highest 5831"

1. A protocol concerning the examination of the police officers of the accused;

1. Response to a request for appraisal;

1. A written reply to fact-finding [The defendant did not have Toluene ingredients on the intake of the defendant;

However, according to the above evidence, the facts of the crime in the judgment are sufficiently recognized, and the mere fact of the defendant's assertion does not interfere with the recognition of the above facts."

1. Statement by the defendant in court;

1. Investigation report (related to replys to written expert opinions of hallucinogenic substances);

1. Protocols of seizure and the list of seizure [2018 Extraordinary 2537];

1. Statement by the defendant in court;

1. Each protocol of seizure and list of seizure (No. 2, 3, 11, and 12 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to hallucinogenic substances, written expert opinions and written expert opinions;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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