beta
(영문) 수원지방법원 성남지원 2018.05.16 2018고단651

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

Four fingers (No. 1, 2018 voltage 312) seized presses shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 27, 2016, the Defendant was sentenced to two years of imprisonment due to a violation of the Chemicals Control Act (snorting hallucinogenic substances) in the support of the Sungnam Kiwon, and completed the execution of the sentence at the Ganyang detention center on October 26, 2017.

[ criminal facts] No person shall take in, inhale, or possess for this purpose any chemical substance that causes entertainment, hallucination, or anesthesia, any substance prescribed by Presidential Decree.

1. On February 22, 2018, the Defendant, around 00:00 on February 22, 2018, 312, “DMoel” located in Sungnam-si, Manam-si, Sungnam-si, Maternacul, dumculing four pines containing Toluene, a hallucinogenic substance, into the entrance of a certified plastic paper, dump and dump dump at the entrance of the Defendant.

2. The Defendant, on March 28, 2018, drank two times in the same manner as described in subparagraphs 201 and 1, in the same manner as “Fel” in E due to the revision of the Sinnam-si, Sungnam-si around 16:00, around March 28, 2018.

Accordingly, the defendant inhaled hallucinogenic substances more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, photographs of each seized article, photographs of the suspect, and finger photographs;

1. Data on material safety and health (mDR);

1. A report on investigation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (verification of automatic criminal records, etc. of the victim);

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 the selection of punishment for imprisonment;

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

1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are as follows: (a) the defendant has experience in two identical crimes; and (b) the fact that he/she is a repeated offender is disadvantageous.

The fact that the defendant voluntarily surrenders himself, the fact that his mistake is divided, against himself, the fact that he shows the intention of treatment, the fact that the difficult family environment and the place of treatment led to the crime of this case, and that there are circumstances to be considered in the course of the crime, shall be considered as favorable circumstances.

In addition, the age, occupation, sex, family relationship, living environment, and circumstances leading to the crime.