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(영문) 울산지방법원 2019.05.01 2019고단783
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The four butane gas (Evidence No. 1), a white B convenience shop, which has been cut to an empty space.

Reasons

Punishment of the crime

[Criminal Power] On May 24, 2017, the Defendant sentenced one year and two months to imprisonment for a violation of the Chemicals Control Act at the Ulsan District Court on May 24, 2017, and completed the execution of the sentence at the Busan Correctional Institution on June 8, 2018.

【Criminal Facts】

No person shall inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia.

Nevertheless, on March 4, 2019, between 09:00 and 18:40 on the same day, the Defendant dump gas in order by opening a lid of butane gas containers at the home of the Defendant’s house located in Yangsan City, and dividing the gas part into front part and then spraying gas.

Accordingly, the defendant inhaled carbon gases, which are hallucinogenic substances.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal history, attaching a field photograph, and an on-site photograph;

1. Reports on internal investigation (Attachment to photographs of seized articles) and photographs of seized articles;

1. Investigation reports (fields on arrest of flagrant offenders);

1. A criminal investigation report (satis of the central box of a suspect),CC-TV video data;

1. A investigation report (Attachment of images purchased as butane gas),CC-TV image photographs, and receipt for the goods of carbon gas;

1. A report on investigation (revision on the date and time of committing an offense);

1. Investigation report (Attachment to images purchased by butane gas), CDs;

1. Investigation report (in response to a reply to a request for appraisal), written response to external trust;

1. Each of the existing pages of four butane gas (Evidence 1), one paper (Evidence 2), one paper (Evidence 2), one paper paper (Evidence 3), and one paper paper (Evidence 3), each of which is a certified vinyl finite;

1. Records of judgment: A statement of criminal records, investigation reports (Attachment to the same type of judgment, etc.), one copy of data on the status of confinement of each individual, and the application of Acts and subordinate statutes of 12 copies of judgment;

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. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and

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