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(영문) 수원지방법원 여주지원 2019.05.17 2019고단382
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in or inhale hallucinogenic substances, which are substances prescribed by Presidential Decree, among chemicals that cause smoking, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, around 21:30 on February 22, 2019, the Defendant injected hallucinogenic substances by inserting three none’s disease in plastic bags containing “Toluene,” which is a hallucinogenic substance, in a closed price located in Echeon-si B. In addition, the Defendant inhaled hallucinogenic substances by inserting the said plastic bag into a plastic bag.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

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 on criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. 6 months to one year (basic area) from the scope of recommendations;

2. The fact that there are several punishments due to the same kind of crime in which the sentence is to be sentenced is to be considered under the unfavorable circumstances, but the fact that the time is human and reflect, the background and motive leading to the crime, the reason and motive leading to the crime, the fact that the re-offending is not to be made, and the support relationship, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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