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(영문) 서울동부지방법원 2021.01.25 2020고단3761
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in or inhale any chemical substance prescribed by Presidential Decree, which causes entertainment, hallucination or anesthesia (hereinafter referred to as "hic substances").

At around 15:00 on October 16, 2020, the Defendant injected hallucinogenic substances by inserting sludge containing lusent ingredients into a vinyl straw, which is a hallucinogenic substance, in Gangdong-gu Seoul Metropolitan Government, B and C’s dwelling inside the home room, and then melting hallucinogenic substances by hanging them into a vinyl straw, which is a hallucinogenic substance.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (as a result of appraisal by the National Institute of Scientific Investigation);

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type] [the scope of the recommended punishment [the scope of the punishment ] No person who is subject to the special sentencing] of hallucinogenic substances [the scope of the recommended punishment] [the territory of recommendation and the scope of the punishment ], the basic area of the hallucinogenic substances [the scope of the recommended punishment], the period from six months to one year [the person subject to general sentencing] [the grounds for suspended execution]] - The general grounds for suspended execution: there is no previous conviction or heavier punishment, the detention of the defendant does not entail excessive difficulty to his/her dependants

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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