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(영문) 수원지방법원성남지원 2020.09.23 2020고단2072
화학물질관리법위반(환각물질흡입)
Text

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

Reasons

Punishment of the crime

[criminal power] On September 21, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the same court, and completed the execution of the sentence in the Ansan Prison on March 19, 2019.

In the instant indictment (criminal records) attached to the Prosecutor, “The Defendant is a person with nine times the same criminal records, including imprisonment with labor for a violation of the Chemicals Control Act, at the Sung-nam branch of the Suwon District Court on June 1, 2016.” However, this is irrelevant to the elements of criminal facts, and should be deleted from criminal facts and taken into account only in sentencing.

【Criminal Facts】

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

Nevertheless, between June 17, 2020 and 21:50, the Defendant, at the first floor male toilet in Gyeonggi-si, put one of the industrial drums containing Toluene ingredients in a transparent vinyl paper, and inhaled chemicals by means of string about five minutes at the entrance of vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of seized articles, investigative report (a reply by a wire with the State and as a result of a hydroologic appraisal), and an appraisal report on hallucinogenic substances;

1. Domestic investigation reports, field photographs, notification of departments related to the reporting of the 112 Incident, internal investigation reports (Attachment of photographs of seized objects), investigation reports (Investigation of ingredients contained in seized objects), investigation reports (Telecommunications of a police officer with the same police officer), investigation reports (On-site CCTV analysis, etc.), recording records of on-site CCTV images, investigation reports, investigation reports, and investigation reports (for specific reasons in the main sentence), and investigation reports by police officers with the same police officer;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and individual confinement status Acts and subordinate statutes;

1. Article 59 of the Chemicals Control Act and Articles 59 subparagraph 6 and 22 of the same Act concerning criminal facts;

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