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(영문) 수원지방법원 안산지원 2020.06.05 2020고단1224

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2018, the Defendant was sentenced to imprisonment for a violation of the Chemicals Control Act at the Seosan Branch of the Daejeon District Court on September 20, 2018, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on September 14, 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"), or possess any chemical substance for such purposes.

Nevertheless, around 02:47 March 17, 2020, the Defendant inhaled hallucinogenic substances in the street near the entrance of the 'C' located in Ansan-si B, Annsan-si, by inserting two luxs of pigs containing the 'TolueneN' content into a vinyl string, and connecting rubber strings into a vinyl string, and pulmonary substances into a vinyl and breath in a breath manner.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, the list of seizure, and records related to cases;

1. Reports on internal investigation, reports on investigation (in response to requests for personal appraisal and response to requests for personal appraisal), and requests for personal appraisal and response;

1. Previous records of judgment: Application of criminal history records, investigation reports (verification of the fact that a suspect is serving a repeated term) and other Acts and subordinate statutes;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

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

1. A person who commits a second offense at least half the year after having been released even though he had had the same military force as the reasons for sentencing under Article 48(1)1 of the Criminal Act, the fact that the crime was recognized, and the defendant's age, environment, character and conduct, etc. are determined as ordered by the court.