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(영문) 수원지방법원 2019.10.08 2019고단4212
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 November 29, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Chemicals Control Act at the Daejeon District Court’s Branch on the grounds of the violation of the Chemicals Control Act, and completed the execution of the sentence at a public prison on May 2, 2019.

【Criminal Facts】

No person shall inhale hallucinogenic substances prescribed by Presidential Decree, among chemicals that cause smoking, hallucination, or anesthesia.

Nevertheless, around August 16:30, 2019, the Defendant injectedd two 140ml of the strong folder “Pisher” 140ml of the plastic finite, which includes the luene, purchased in advance at the friendly dynamics of the Defendant at Osan-si, B, and inhaled hallucinogenic substances by means of a crop for about one hour and 30 minutes at the entrance of the plastic finite, and then inhaled them.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. The list of seized articles, records of seizure and the list of seized articles;

1. Previous records of judgment: Criminal records, correspondence records, one copy of personal confinement status, application of Acts and subordinate statutes of 12 copies of judgment;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Aggravation of the punishment according to the sentencing guidelines (the determination of types) of narcotic crimes: The scope of recommendation [the first type] according to the medication, simple possession, etc. [the person in special form] and hallucinogenic substances (the person in special form] shall be subject to aggravated factors: The area of aggravated punishment (the scope of recommendation area and recommendation range within three years) (the scope of suspended sentence within three years), the area of aggravated punishment, eight months

2. The crime of inhaleing hallucinogenic substances, such as this case’s sentencing decision, is likely to cause emotional anxietys and mental disorder, and are related to various crimes and flights, there are serious personal and social harm, such as that it can cause death when inhales excessive quantities, and it is not easy to detect the characteristics of the crime, and there is a high risk of recidivism due to toxicity, as well as serious harm to the national health.

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