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(영문) 수원지방법원 2019.10.25 2019고단3391
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

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

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.

1. On June 6, 2019, from around 23:20 to 23:50 on the same day, the Defendant: (a) divided the part of the emission outlet part of carbon emissions, which is a hallucinogenic substance, into hand, from the inside and outside of the dwelling area of the Defendant in Suwon-si, Suwon-si, and the third floor, into his/her hand; and (b) inhaled three parts of carbon gas by means of shot-si.

2. On June 17, 2019, the Defendant: (a) classified the part of the exhaust gas of carbon which is a hallucinogenic substance into his/her hand at the inside and outside of his/her residence; and (b) injected four butane gases, which are hallucinogenic substances, by means of string off and string off his/her arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. Statement of police seizure;

1. Application of statutes on site photographs;

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

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

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Probation Criminal Act is deemed inappropriate to select a fine in that the defendant inhales but appears not to have inhaled one time due to the climatic spirit, etc., but to have been toxicism accompanied by alcohol dependence.

On the other hand, it is ordered as ordered by considering all the sentencing circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., which are against the defendant's confession, the defendant started to treat addiction and his family members are also trying to treat addiction of the defendant, which are not previous.

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