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(영문) 서울남부지방법원 2019.06.13 2019고단1565
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1, 2, and 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2018, the Defendant was sentenced to 10 months of imprisonment for a violation of the Chemicals Control Act at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the sentence in the Seoul Southern Prison on March 27, 2019.

【Criminal Facts】

No person shall take in, inhale, or possess for this purpose any chemical substance that causes entertainment, hallucation, or anesthesia, any substance prescribed by Presidential Decree.

Nevertheless, around 08:00 on March 27, 2019, the Defendant injected hallucinogenic substances for about 30 minutes at the entrance of the above plastic bag, after inserting two of the “Industrial Patch”, which is a chemical that causes a hallcination, into a transparent plastic bag, and hiding it into a transparent plastic bag, thereby hiding it into the envelope, and inhaleing them for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and list of seizure, photographs of each scene of occurrence, requests for appraisal, each investigation report (related to the Toluene Toluene of hallucinogenic substances, collecting suspect, requesting appraisal of seized objects, analyzing the CCTV images of convenience points, and written expert opinions of hallucinogenic substances;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (a confirmation of criminal records by a suspect and attachment of separate judgments);

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. Scope of punishment by law: One to six years of imprisonment;

2. 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] and aggravated factors: The area of aggravation of punishment [the scope of recommendation area and recommendation area] and the area of aggravation of punishment (not less than a three-year suspension of execution] of the same

3. The circumstances under the sentence of sentence, the circumstances leading to the criminal defendant, and the circumstances before and after the criminal act.

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