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(영문) 인천지방법원 2019.02.14 2018고단8200
화학물질관리법위반등
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 of "2018 Highest 8200" shall take in or inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, at around 03:10 on October 31, 2018, the Defendant inhaled hallucinogenic substances in a parking lot located in Seo-gu Incheon, Seo-gu, Incheon, by inserting an industrial principal site containing hallucinogenic substances into a plastic plastic bag, and then breathing them into a plastic bag with a coconcin.

No person of "2018 Highest 8740" shall take in or inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, at around 10:50 on November 16, 2018, the Defendant inhaled hallucinogenic substances by inserting industrial main dynas containing hallucinogenic substances into plastic bags at the events at the entrance of Seo-gu Incheon Seosan C, Seo-gu, Incheon, and then breathing them into plastic bags.

Summary of Evidence

"2018 Highest 8200"

1. Defendant's legal statement;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Horsic substances referring to "2018 Highest 8740";

1. Defendant's legal statement;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Certificates of hallucinogenic substances;

1. Application of statutes on site photographs;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act and the selection of punishment for a crime;

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Scope of recommendations based on the sentencing guidelines - 1.2 Medications, simple possession, etc. of crimes - 1.2 (Scope of recommendations), 6 months to 1 year6 months, and 1.6 months;

2. Determinations of sentence and inhalement of hallucinogenic substances shall be emotional apprehensions and disorders;

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