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(영문) 수원지방법원 안산지원 2017.11.01 2017고단2616
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 2, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Chemicals Control Act in the support for the development of Suwon Fics, and completed the execution of the said sentence on April 18, 2017.

No person shall take in or inhale hallucinogenic substances which cause stimulities, hallucination or anesthesia, or possess them for such purposes.

Nevertheless, the Defendant, at around 15:00 on September 15, 2017, 15:0, 3:00, 200: (a) 1 Byung, which included Toluene, purchased hallucinogenic substances in advance, put them into a plastic paper, put them into a plastic paper, and inhale them into a plastic paper, and inhale them at the entrance of the paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of an appraisal report or the result of legal and chemical appraisal;

1. A protocol of seizure, list of seizure and recording record;

1. Photographss and photographs of each site;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification, etc. of criminal history of a defendant), copy of the judgment, and the current status of personal confinement;

1. Article 59 of the relevant Act on criminal facts, Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act for the selective punishment, Article 35 of the Criminal Act for the aggravation of repeated crimes selected as imprisonment with prison labor;

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

1. One category (Hic substances) in the aggravated area (from August to one year and six months) (special aggravated area) of the sentencing criteria, such as the application of the sentencing criteria (the scope of the recommended punishment), the simple possession, etc. of medication, and the previous offense (the suspension of execution of execution of not more than three years);

2. Determination of sentence: (a) comprehensively taking account of the following circumstances, the Defendant’s age, sex, career, home environment, motive and means of committing the instant crime, and the circumstances constituting the sentencing conditions specified in the pleadings after committing the crime, as set forth in the text.

[Unless the Defendant had been punished 14 times for the same crime, the Defendant was punished 13 times for imprisonment with prison labor for the same crime, and the Defendant committed the instant crime in spite of the period of repeated crime for the same crime.

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