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(영문) 수원지방법원 안양지원 2016.06.02 2016고단592
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to one year to imprisonment for a violation of the Toxic Chemicals Control Act (snorting hallucinogenic substances) at the Gangnam District Court's Gangnam branch on November 28, 2014, and completed the execution of the sentence on October 18, 2015.

No person shall inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia.

Nevertheless, on April 18, 2016, the Defendant 23:25, at the vicinity of the Yanandong-gu Manan-si, the Defendant inhaled part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the teaching material containing hallucinogenic substances in vinyl strings, by inserting them into a vinyl string at the entrance of the string and hiding them into the string.

Summary of Evidence

1. The defendant's legal statement or investigation report (the 11th page of evidence records);

1. Seizure records;

1. Two copies of a written appraisal by the Seoul Scientific Investigation Institute;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crime A by suspect), the current status of confinement/collection by each individual, and the application of Acts and subordinate statutes of the High Court Decision 934 decided March 2014;

1. Article 59 of the relevant Act concerning facts constituting an offense and Articles 59 subparagraph 6 and 22 of the Chemicals Control Act that choose a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment / [the scope of the recommended punishment / the scope of the punishment ] the category 1 (Hicic Substances) of the Act on the Aggravated Punishment in Case of Medication, Simple Possession, etc. (the 1 to 6 months) (the special aggravated person] of the same category and the previous offense of the same Act

2. The sentencing conditions, such as the age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration of the following circumstances: (a) the sentence is to be imposed; (b) the sentence is to be imposed as ordered.

A disadvantageous condition: The defendant not only has the record of criminal punishment over 13 times due to the violation of the Toxic Chemicals Control Act, but also has committed the same kind of crime without being aware of the fact that he/she was committed during the repeated crime: The defendant led to the confession of the crime in this case.

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