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(영문) 광주지방법원 2020.09.11 2020고단2874
화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On January 11, 2019, the Defendant sentenced the Gwangju District Court to one year and six months of imprisonment for a violation of the Chemicals Control Act, and completed the execution of the sentence in a wooden prison on May 25, 2020.

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

Nevertheless, at around 12:20 on June 8, 2020, the Defendant inhaled the Home Star 2, which contains “Toluene”, into a plastic sealing, and breathes at the entrance of a vinyl 2, which is a hallucinogenic substance.

Summary of Evidence

1. Records of seizure of defendant's legal statement, records of seizure, field photographs of the list of seizure, and previous records indicated in the table of requests for appraisal: Application of Acts and subordinate statutes concerning criminal records, investigation reports (the same kind of electricity

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is that there are many criminal records of the defendant, and the nature of the crime in this case is not good in that the defendant committed the crime during the period of repeated crime.

However, the fact that the defendant shows the attitude of recognizing and opposing the crime, and that he/she will receive continuous medical treatment, and other factors such as the age and criminal behavior environment of the defendant, motive means of the crime, results of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of all the factors of sentencing shown in the arguments and records of the case

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