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(영문) 청주지방법원 2015.06.11 2015고단249
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On December 30, 2011, the Defendant was sentenced to two years of imprisonment for a crime of injecting hallucinogenic substances and medical treatment and custody on October 24, 201 and completed the execution of the sentence.

【Criminal Facts】

No one shall inhale hallucinogenic substances that cause smoking, hallucination, or anesthesia, while the defendant was in the house of the defendant from March 1, 2015 to March 2, 00:30 from March 2, 2015, to March 2, 2015, the defendant inhaled the hallucinogenic substances by 12 in the gas in the gas injection district by inserting the total sum of 12 of 'Woo (527 m)' (527 m3), 'G), '(G), and 'gas' (520 m3m3) in the house of the defendant in Chungcheong-gun C from March 1, 2015 to March 2, 200:

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with D (including the part concerning the E Statement);

1. Records of seizure and the list of seizure;

1. On-site photographs and photographs of seized articles;

1. Previous records: Application of Acts and subordinate statutes to criminal records, reply reports, personal identification and confinement status;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [decision of a type] / Determination of the sentencing area / Determination of the recommendation area / [the scope of punishment by recommendation] / [the scope of punishment by recommendation ] 8 months to 1 year and 6 months, the defendant committed the crime of this case in the name of the same criminal defendant 8 times, and also committed the crime of this case when he committed the same crime during the repeated period. It is inevitable to punish the defendant who repeats the same crime.

In addition to the above circumstances, even though the defendant had endeavored to treat the habitss of inhaled hallucinogenic substances for about one year and four months after release, it seems that the crime of this case seems to have been committed dynamicly, and it is highly against the mistake, and it is strong to treat the habits.

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