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(영문) 대전지방법원 공주지원 2019.09.06 2019고단266
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

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, from around 01:00 on July 23, 2019 to around 03:00 on the same day, the Defendant inhaled but did so in the same way over 30 times from the end of May 2019 to July 23, 2019, by inserting the injecting of “snishing fuel” in the Defendant’s residence located in B apartment C, and snish gas, which is a substance of exchange, in a way of smoking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation:

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 concerning the crimes and the selection of punishment;

1. Of concurrent crimes, the sentencing period under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is long and high in the frequency of intake, and the defendant has a number of identical criminal records and commits a second offense within a short time, even though the period during which the defendant is suspended from performing his/her duties, and the defendant's age, character and conduct, environment, occupation, family relationship, and various conditions of sentencing specified in the trial process shall be comprehensively considered and determined as ordered.

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