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(영문) 전주지방법원 2016.02.16 2015고단2282
화학물질관리법위반(환각물질흡입)
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall inhale any harmful chemical substance that causes entertainment, hallucination, or anesthesia.

1. On August 18, 2015, the Defendant injected hallucinogenic substances by inserting ices for craft containing hallucinogenic substances into vinyl bars on the roof of the Eel in Pyeongtaek-si D, around 19:00, at around August 18, 2015, the Defendant inhaled hallucinogenic substances at the entrance of the given vinyl wing.

2. Defendant B, at the above time and place, received the above plastic paper from the above Party A, which singested hallucinogenic substances, and then inhaled hallucinogenic substances in such a manner as to cover with the crum at the entrance of the above plastic paper.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the interrogation of the suspect against the defendant B (including the part concerning the defendant A's statement);

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. Application of the photographic Acts and subordinate statutes;

1. The Defendants: Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning criminal facts;

1. Defendant A who has been suspended from execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant A: Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.;

1. Defendant A: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Defendant A

(a) One month to three years from the scope of applicable sentences in law;

(b) The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], the scope of the basic area (six months to one year) of the type of hallucinogenic substances, such as medication, simple possession, etc. (the person who has no special sentencing seal).

C. In light of the fact that the crime related to hallucinogenic substances is significantly adverse to society, and that the defendant has received juvenile protective disposition several times for the same kind of crime, and the risk of recidivism is high, the defendant should be punished strictly.

However, the defendant is the first offender, and the defendant is recognized to commit the crime in this case, and his depth is divided.

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