beta
(영문) 대전지방법원 천안지원 2015.10.02 2015고단1482

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

One plastic paper (Evidence No. 1), Toluene (capacity 1 liter) that has been seized.

Reasons

Punishment of the crime

[Criminal Power] On December 27, 2012, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of intrusion upon a building in the Daejeon District Court’s astronomical Branch, and completed the execution of the said sentence on September 13, 2013.

【Criminal Facts】

No person shall take in, inhale, or possess for this purpose any hazardous chemical substance prescribed by Presidential Decree, which causes smoking, hallucination, or anesthesia (hereinafter referred to as "hic substance").

Nevertheless, around 07:00 on August 23, 2015, the Defendant injected hallucinogenic substances for about one-third of the 1/3 of the 1st century, which is a hallucinogenic substance purchased in advance at a chemical medicine store near the astronomical basin, around August 21, 2015, at the Defendant’s residence located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 302, and inhaled them for about one hour at the entrance of a vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each list of seizure;

1. Images of photographic materials of the scene of the case, and of photographic materials of Toluene of the seized articles;

1. A written request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of the period of repeated crimes) Acts and subordinate statutes;

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

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

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

1. Application of the sentencing criteria (determination of types) for narcotics: Type 1 (Special Aggravations) (Hic Substances) (Special Aggravations) for medication, simple possession, etc. - habitual offenders (determination of the recommended field) for increased areas; from August to June 1;

2. Determination of sentence: Imprisonment with prison labor for a year; the defendant served seven times as the same crime; and the defendant committed the crime during the period of repeated crime; therefore, the sentence of sentence is inevitable.

However, it is advantageous to the fact that the defendant has mistakenly recognized the defendant and has been employed in the restaurant of the rest area and has made efforts not to depend on hallucinogenic substances.