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(영문) 인천지방법원 2018.04.06 2017고단9407

화학물질관리법위반(환각물질흡입)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on November 28, 2015, the Defendant purchased one industrial principal fluor, an industrial principal fluor, which contains luene, purchased in advance at the trade influorite-dong, Nam-gu, Incheon, Nam-gu, Incheon, and 30g of approximately 30 minutes of plastic fluor, and inhaled them in a plastic fluor, using approximately 30 minutes of plastic fluor, in a way that the plastic fluor may be laid down.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph of seized articles (this is contained in sealed paper);

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. A person subject to special aggravated punishment in the aggravated area (from August to January) of the first type (Hic substances), such as the scope of a recommended punishment according to the sentencing guidelines, medication, simple possession, etc.: A person subject to special aggravated punishment in the same type (at least three years of suspended execution);

2. In light of the fact that the Defendant, upon having committed the same kind of crime, had a record of punishment for a juvenile protective order and one-time suspension of the execution of imprisonment with prison labor, and in particular, the Defendant again committed the instant crime since the said sentence became final and conclusive, the nature of the crime is not easy.

However, the defendant's mistake is against his own mistake and does not repeat his offense.

It seems that the crime of this case was not committed repeatedly for more than two years after the crime of this case.

It seems that the defendant has a certain job and life goals, such as participating in the competition as a comprehensive match player, and it does not seem to have high risk of re-offending.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.