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(영문) 수원지방법원 성남지원 2015.09.02 2015고단1404
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Three industrial keys seized shall be confiscated (No. 1).

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to one year and six months for the violation of the Toxic Chemicals Control Act in the Sungwon District Court's Sungnam branch on March 20, and completed the execution of the sentence in the official prison on June 7, 2015.

1. On June 20, 2015, around 20:00, the Defendant d camp in Sungnam-gu, Sungnam-gu, Sungnam-si, in a d camp, containing the “Toluene” component of hallucinogenic substances, put them in a vinyl in a vinyl, and dump dump was dump for about 10 minutes at the entrance of a vinyl rod.

2. On July 1, 2015, the Defendant drank a swine ticket containing a “Toluene” content in the vicinity of “F” located in Sungnam-gu, Sungwon-gu, Sungnam-gu, Madro, in a vinyl paper, and dykes into a vinyl paper for about 10 minutes after being dyke at the entrance of a vinyl paper.

3. On July 6, 2015, at the places indicated in paragraph (2) around 00:15, the Defendant dump containing “Toluene” ingredients as hallucinogenic substances in a vinyl paper. The Defendant dump dump was dump at the entrance of a vinyl paper for about 10 minutes.

Accordingly, the defendant inhaled hallucinogenic substances more than three times.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A written appraisal;

1. Previous convictions in judgment: Application of inquiry reports, written judgments, and investigation reports (verification of suspect's repeated period)-related Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences by law: one month to nine years; and

2. In cases of habitual offenders, the scope of applicable sentences [the scope of recommending punishment] according to the sentencing guidelines, medication, simple possession, etc. of the first type of hallucinogenic substances (eight to two months).

3. Determination of sentence: Ten months of imprisonment; and

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