(영문) 부산지방법원서부지원 2020.11.17 2020고단1789

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원서부지원 2020.11.17 2020고단1789

화학물질관리법위반(환각물질흡입)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2020, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment became final and conclusive on August 1, 2020.

【Criminal Facts】

From 17:20 on July 29, 2020 to 03:20 on July 30, 2020, the Defendant injected hallucinogenic substances by inserting 20 a lux 20 luxs for the home teaching material, which is a chemical that causes to decination in the B hotel C, into a vinyl lux, and inserting them into a vinyl lux and co in a manner of hiding them into a vinyl lux.

Summary of Evidence

1. Protocols of seizure of the defendant's legal statement, list of seizure, and expert witness (influence of the investigation record 64 pages) on the site of the case;

1. Previous convictions: Criminal history records, return reports (A), the previous records, and confirmation during the period of stay of execution, Busan District Court Decision 2020Gohap220, Application of Acts and subordinate statutes to the requisite agreement of the case;

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. The Defendant, on July 24, 2020, was sentenced to a suspended sentence of two years and six months on July 24, 202 due to the violation of the Act on the Control of Narcotics, etc., committed the instant crime only five days after the Defendant committed the instant crime.

However, in light of the favorable circumstances, such as the recognition of the instant crime and the violation of the Act on the Control of Narcotics, etc., the fact that the judgment becomes final and conclusive, and the fact that equity should be taken into account when judgment is rendered simultaneously with the crime of violation of the Act on the Control of Narcotics, etc., and other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime,

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