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(영문) 대전지방법원 서산지원 2019.08.14 2018고단1390
화학물질관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for this purpose.

Nevertheless, at around 10:00 on October 4, 2018, the Defendant inhaled, at the Defendant’s house located in Seosan City B building, and at the Defendant’s house, the Defendant inhaled, by mixing a half of the “kick for teaching materials”, containing hallucinogenic substances, with alcohol.

Summary of Evidence

1. Statement made to D by the police;

1. Seizure record and list;

1. The defendant asserts that he had a nice but did not have a nice. However, in light of the fact that the defendant had a nice for teaching materials containing Toluene and the defendant's blood was found to have inhaled nice on the above date and time. The defendant's argument is without merit. The defendant's assertion is without merit.

1. Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the same Act and the selection of imprisonment with prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. In full view of the fact that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act has been two times the criminal defendant was punished for the same kind of crime, but there is no record of punishment for the same crime since 2003, the criminal defendant started to provide mental treatment, and the defendant's parents complain of the prior wife, it is deemed desirable to suspend the execution of punishment rather than sentencing for the defendant, and impose probation and medical treatment order.

Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.

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