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(영문) 서울남부지방법원 2018.04.11 2018고단934

화학물질관리법위반(환각물질흡입)등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 26, 2017, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Chemicals Control Act at the District Court on the grounds of the violation of the said Act, and completed the execution of the sentence on February 19, 2018.

[Criminal Facts]

1. No person who has violated the Chemicals Control Act shall take in or inhale hallucinogenic substances, or possess them for such purposes;

Nevertheless, between February 25, 2018 and February 26, 2018, 00:00 to February 26, 2018, the Defendant inhaled hallucinogenic substances by dividing 2 pigs in Yeongdeungpo-gu, Seoul, in which the Defendant resided, into 12 plastic paper, and inserting 12 plastic paper crums containing hallucinogenic substances, and inserting them into the entrance of plastic paper.

2. The Defendant entered the Defendant’s room at around 00:5 on February 26, 2018, at around 00:55, “D inn” No. 506, and the Victim E (54 years old).

I think, I think that it is "I will open, die, and thrown away," and therefore, I assault the victim's neck by walking the victim's upper part at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (in response to the results of appraisal) and a response letter requested for appraisal;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and photographs of seized articles;

1. Previous convictions indicated in the judgment: A investigation report (the result of the search of a suspect (the release from his/her office), records on the search of a prisoner, reply to inquiry, such as criminal history, and application of the text of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 59 subparagraph 6 and 22 (1) (the inhaled points of hallucinogenic substances) of the Chemicals Control Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated area (from August to one year and six months) of the aggravated punishment (a person with special aggravated punishment) in the area of aggravated punishment (from August to one year) in the first category of crimes (a person with special aggravated punishment) on the grounds of sentencing under the former part of Article 37, Article 38(1)2, Article 50, and Article 50 of the Criminal Act (a person with special aggravated punishment) (a person with suspended sentence for three years or less).