logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.12.06 2017고단2949
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

The seized beer gas, three shot gas, and two shot gas shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal history] On January 18, 2017, the Defendant was sentenced to 10 months of imprisonment for a violation of the Chemicals Control Act (snorting hallucinogenic substances), and completed the execution of the sentence in a female prison on September 21, 2017.

[2] On October 22, 2017, from around 18:10 to 18:30, the Defendant inhaled hallucinogenic substances by dividing the entrance of a fuel gas unit into hand, dividing the entrance of a fuel gas unit into his/her hand, and spraying them by smelting them.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A report on investigation;

1. An investigation report (as to the corresponding gas ingredients):

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, criminal investigation reports (Attachment to separate judgments, etc.), investigation reports (date of release from office and confirmation of period of repeated crime);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, circumstance after the crime, etc., shall be comprehensively considered in light of the following circumstances: (a) the offender is a repeated offender of the same kind of crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act; (b) four times of punishment for the same crime was committed; and (c) the recidivism was committed only one month after the release of the offender; and (d) the offender is committed at a disadvantage.

arrow