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(영문) 대구지방법원 김천지원 2019.01.08 2018고단1059
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No person shall take in or inhale hallucinogenic substances prescribed by Presidential Decree, among chemicals that cause smoking, hallucination, or anesthesia.

1. On July 20, 2018, the Defendant: (a) around 18:00 on July 20, 2018, and around July 18, 2018, the Defendant injected hallucinogenic substances at the entrance of the vinyl c; (b) brought four industrial amccoke 160gs, which were previously purchased in the past, and then injected them by inserting one of the dials into the dipine 160gs inside the vinyl cipulate; and (c) taking the coke at the entrance of the vinyl cipin.

2. On July 21, 2018, around 09:00 on July 21, 2018, the Defendant inhaled hallucinogenic substances in the places indicated in paragraph (1) at around 09:0, as seen earlier, three industrial chroke 160gs, which were inhaled once in a vinyl paper, and in a way that the Defendant inhales hallucinogenic substances at the entrance of a vinyl paper one time, by inserting three them in a fake paper.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Response to the request for appraisal;

1. Application of statutes on field photographs;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria;

(a) The basic area (six months to one year) of the violation of each Chemicals Control Act (the scope of a recommendation), medication, simple possession, etc. of hallucinogenic substances;

(b) Six months from one year to six months from the application of the standards for handling multiple crimes (one-2 months from the upper limit of the sentence of a violation of the Chemicals Control Act on July 20, 2018, which is a basic crime).

2. The Defendant rendered a sentence two times more than twice to put industrial contact agents, which are hallucinogenic substances, into plastic bags and inhales them in plastic bags.

The accused has a total of seven times of criminal punishment, including imprisonment with prison labor, for the same crime.

However, the defendant is now.

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