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(영문) 인천지방법원 2019.01.18 2018고단8154

화학물질관리법위반(환각물질흡입)

Text

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

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

Reasons

Punishment of the crime

1. On November 6, 2018, at around 00:14, the Defendant inhaled hallucinogenic substances for about 30 minutes by inserting one f1, a strong contact agent for industrial use of E products containing hallucinogenic substances, in the residence of the Defendant of the Namdong-gu Incheon Metropolitan City C building D, in a plastic fluor, and breathing them into his/her baton to his/her baton.

2. At around 15:00 on November 7, 2018, the Defendant, at the above place, 2018: (a) putting two f. c.i. a strong f.c. plastic packaging agents for E products containing “Toluene” ingredients; and (b) inhaled hallucinogenic substances for about one hour at the above method.

3. On November 8, 2018, around 10:42, the Defendant, at the above place, put one F, a strong confection agent for E products containing “Toluene,” a hallucinogenic substance, into a vinyl paper, and inhaled hallucinogenic substances for about one hour in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each police seizure record and the list of seizure;

1. Each internal investigation report and investigation report;

1. An explanatory note (hicincincincinant, etc.);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to the photographic, field, and principal photographic, field photographic, and seized objects;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act and the selection of punishment for a crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in the case of concurrent crimes with punishment prescribed in the Chemicals Control Act due to inhalement of hallucinogenic substances as stated in paragraph (2) of the same Article), among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1, 2, and 3 [Violation of the Chemicals Control Act] (Determination of types], medication, simple possession, etc.;