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(영문) 수원지방법원 2017.04.13 2017고단766
화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence No. 1 (No. 454 of Suwon District Prosecutors' Office 2017) shall be confiscated.

Reasons

Punishment of the crime

On January 8, 2014, the Defendant was sentenced to one year and six months of imprisonment, and medical care and custody on April 21, 2015 for the violation of the Toxic Chemicals Control Act in the Suwon District Court(s).

around 14:45 on January 29, 2017, the Defendant injected hallucinogenic substances for about three minutes at the Defendant’s house located on the 1st floor in Suwon-si, Suwon-gu, Suwon-si, Suwon-si, in a testing plastic sealing paper, in which one industrial swine tag containing hallucinogenene, which is hallucinogenic substances, was put in a testing plastic sealing paper, and then inhaled hallucinogenic substances for about three minutes at the entrance of plastic sealing paper.

On January 11, 2017, the Defendant inhaled hallucinogenic substances for about five minutes at the entrance of a vinyl paper by inserting one main dyp, an industrial swine tag containing Toluene, in the toilet of the D market in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and then dypizing hallucinogenic substances for about five minutes.

Summary of Evidence

"2017 Highest 766"

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Investigation report (to submit a screen image at the site);

1. The records and photographs of seized articles;

1. Investigation report (two points of seized articles and request for urictal appraisal);

1. A written appraisal of each drug;

1. Investigation report (report on telephone communications between countries and fisheries analysis appraisers);

1. Previous convictions as stated in the judgment: Investigation report (verification of criminal records and attachment of repeated crimes and date of expiration of the term of punishment), sentence of judgment, inquiry about confinement, inquiry about criminal history, investigation report (report on confirmation of the date of release from prison and the completion of medical care and custody)".

1. Statement by the defendant in court;

1. Arrest report and investigation report of the occurrence of the case;

1. Protocols of seizure;

1. Photographs, etc. of the case;

1. Application of the statutes of the response request for appraisal;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of punishment recommended according to the sentencing criteria;

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