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(영문) 울산지방법원 2015.09.18 2015고단1840
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to 10 months in the Ulsan District Court for the crime of desting hallucinogenic substances, and completed the execution of the sentence in the official prison on September 10, 2014.

No person shall inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia.

Nevertheless, on August 7, 2015, from around 18:00 to 22:00, the Defendant drank in the Defendant’s house located in Yangsan City C, by dividing the part of the part of the part of the part of the gas tank into front, and burning the gas of the part of the gas tank into the part of the part of the part of the part of the gas tank.

Accordingly, the defendant inhaled carbon gases, which are hallucinogenic substances.

Summary of Evidence

1. Statement of the defendant in court;

1. Police seizure records;

1. Photographs and photographs of the scene of the crime;

1. Requests for appraisal;

1. Previous convictions in judgment: Application of report on investigation (Attachment of a copy of judgment against a suspect and attachment of data on investigation of a suspect);

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

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

1. The reason for the sentencing of Article 48(1) of the Criminal Act for forfeiture is the reason [the scope of recommending punishment] medication, simple possession, etc. of the first category (Hic Substances), the area of aggravation (8 to 1 year and 6 months) [the person under special jurisdiction] of the same criminal record (not less than a three-year suspended sentence] [the decision of sentence] that the defendant is against the defendant when committing a crime, is an element of sentencing favorable

The fact that the defendant has the same power as the defendant, including the criminal records, and that the crime of this case is a repeated crime committed within one year after being released, and that the defendant continues to commit the same crime even after having received several medical treatment and custody for the same kind of criminal records, is an element for sentencing unfavorable to the defendant.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.

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