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(영문) 인천지방법원 부천지원 2016.07.15 2016고단1012

화학물질관리법위반(환각물질흡입)

Text

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

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Busan District Court's Branch Branch on September 26, 2014, and completed the execution of the sentence in the public prison on February 9, 2016.

Criminal facts

No person shall inhale any harmful chemical substance that causes entertainment, hallucination, or anesthesia.

Nevertheless, from around 09:00 on May 14, 2016 to 16:20 on the same day, the Defendant: (a) placed 11 copy of the 16 franchisium, purchased at the neighboring convenience store, in a sanitary plastic paper paper; (b) injected the gas; (c) injected the gas into the franchis of the franchis; and (d) inhaled carbon gas, which is a hazardous chemical that causes smoking, hallucing, or anesthesia, at the entrance of the fins, by inserting the gas.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of seized articles, records of seizure, list of seized articles, indication of ingredients of seized articles, and photographs thereof;

1. The investigation report (the suspect at the time of transfer);

1. Previous convictions indicated in the relevant judgment: Search results of prisoners, investigation reports (Attachment of criminal records), application of Acts and subordinate statutes governing criminal history;

1. Subparagraph 6 of Article 59 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, and selection of imprisonment with labor;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] / the mere possession, etc. of the crime of this case / In the case of habitual crimes of Class 1 (Hicic Substances from August to February 3) in the special aggravated area (the special aggravated person / ] / (the decision of a suspended sentence for not more than 3 years) / The defendant was punished for the same crime of this case (the decision of a suspended sentence for not more than 3 years) / The defendant was sentenced 7 times during the period of 2006 and was sentenced 3 times during the period of 206 and was sentenced to treatment and custody disposition. The defendant was sentenced 1 year and 6 months for the same crime of this case, and again committed the crime of this case for not more than 3 months after the execution of the sentence was completed, and the factors for sentencing that are favorable to recognize and reflect the crime of this case,