logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2018.01.09 2017고단730
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

One (Evidence No. 1) per piece of paper seized (coke) and one paper of a certified vinyl (Evidence No. 1).

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of six months for a violation of the Toxic Chemicals Control Act in the Daejeon District Court's Support on October 13, 1999, and was sentenced to a suspended sentence of three years for the same crime in the same court on October 12, 2006. On October 4, 2016, the defendant was sentenced to a suspended sentence of three years for the same crime. On October 4, 2016, the same court was sentenced to a suspended sentence of eight months for injury and was sentenced to a suspended sentence of eight years for the same crime of injury, and the judgment became final and conclusive on May 19, 201.

[Criminal facts] No person shall inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia.

On November 24, 2017, the Defendant, at around 22:30, 2017, Dan 203, Dan 203, which was in Chungcheongnam-nam, placed an industrial coke, which is a hallucinogenic substance, in a black plastic paper, and inhales it by means of being placed at the entrance of the sealing and hiding it.

Summary of Evidence

1. Statement by the defendant in court;

1. A response letter to a request for appraisal with the State;

1. 112 A list of reported cases;

1. On-site photographs and photographs of seized articles;

1. A report on investigation (the details of dispatch and on-site conditions);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts during the period of suspended execution) statute;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] . The defendant has no basic area (6 months to one year) (the person subject to special sentencing) (including six months to one year) of the type 1 of the Criminal Act, including medication, mere possession, etc. [the decision of sentence] [the defendant has a history of being punished twice for the same kind of crime, and the defendant committed the crime in this case without being sentenced to a suspended sentence for two times as well as committed the crime in this case, since he committed the crime without being even among the persons during the period of suspended sentence due

However, if the judgment of this case becomes final and conclusive, the defendant reflects the mistake, and makes efforts such as receiving medical treatment to cease hallucinogenic substances, etc.

arrow