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(영문) 전주지방법원 남원지원 2015.09.11 2015고단173
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

The number of girls for seized craft 12 (No. 1) and the Home Star teaching materials.

Reasons

Punishment of the crime

On September 30, 2014, the Defendant was sentenced to one year for the violation of the Toxic Chemicals Control Act in the support of the Jeonju District Court, and completed the execution of the sentence on July 24, 2015.

On July 28, 2015, at around 14:10, the Defendant injected hallucinogenic substances at the entrance of a vinyl paper by inserting the “sagbrine for craft” and “ Home Star” containing Toluene, a chemical that may cause smoking, hallucination, or anesthesia, respectively, into a black plastic paper.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Photographs of seized evidence;

1. Report on internal investigation (case concerning the reporter, the suspected speech and behavior);

1. Previous records: Investigation into criminal records, investigation results of suspects A prisoners, application of Acts and subordinate statutes to report (Attachment to related cases) investigations;

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 of the same Act;

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

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

1. Scope of punishment by law: Not more than six years of imprisonment;

2. Application of the sentencing guidelines (determination of types), drug crimes, medication, simple possession, etc., Type 1 (Special Aggravation of Hic Substances): Aggravation of aggravated factors: The area of aggravated criminal records (in the face of recommendations and sentences of recommendations), the area of aggravated punishment (in the face of recommendations and sentences of recommendations), eight months to one year and six months.

3. In light of the fact that the Defendant had the record of having already been sentenced to punishment for the same kind of crime nine times or more, and the Defendant committed the instant crime without being aware of the completion of the execution of the sentence on July 24, 2015 due to the previous crime, the sentence of sentence on the Defendant is inevitable.

However, the fact that the defendant recognized all of the crimes of this case and is in profoundly against the defendant is considered as a favorable condition to the defendant, and all of the arguments of this case are shown in this case.

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