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(영문) 대전지방법원 2020.02.06 2019노2764
화학물질관리법위반(환각물질흡입)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged in the instant case, the attached list of crimes.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

A prosecutor shall not take, inhale, or possess for this purpose any chemical substance that causes smoking, hallucation, or anesthesia and that is prescribed by Presidential Decree. Nevertheless, the Defendant applied for permission to change the facts charged in the instant case from June 2, 2019 to around 30 times from July 23, 2019 to July 23, 2019; however, from around 01:00 on July 23, 2019 to around 03:0, the Defendant: (a) laid in the Defendant’s residence in public apartment B apartment C; and (b) inhaled the butane gas, which is a hallucinogenic substance, in a manner of injecting it; and (c) applied for permission to change the contents of the instant case from around June 2, 2019 to around July 23, 2019, which changed to the effect that the judgment of the court below is no longer subject to permission.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

【The reason for the judgment of multiple times】 No person committing a crime shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree which causes interest, hallucing, or anesthesia.

Nevertheless, the Defendant, from around 01:00 on July 23, 2019 to around 03:00 on the same day, was in the Defendant’s residence in B apartment C, and was cut to “string the injecting of butane gas”, and then shring the hallucinogenic gas into the country.

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