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(영문) 수원지방법원 성남지원 2019.02.20 2018고단1523 (1)
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person of "2018 Highest 1523" shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree, which causes interest, hallucination, or anesthesia.

1. On May 22, 2018, from around 08:00 to around 09:00 of the same day, the Defendant inhaled carbon gas, which is a hallucinogenic substance, in the Defendant’s residence located in Sungnam-si Manam-si B, with the entrance of the butane gas pipe (name of the product) purchased in advance, sealed the plastic paper into the entrance, divided the exhauster of the said part into the said plastic paper, and shot gas discharged into the plastic paper.

2. On May 27, 2018, between 06:00 and 11:48 of the same day, the Defendant inhaled the butane gas, which is a hallucinogenic substance, in the foregoing manner.

around 16:30 on May 26, 2018, the Defendant 2018 and 288, "Sick Fuel" purchased in advance in Sungnam-gu, Sungnam-gu, Sungnam-si, with a vinyl cover at the entrance of the “Sick Fuel” gas tank, and shot gas, which is a hallucinogenic substance, was inhaled by subdividing the exhaustor of the above part into the plastic paper, and shot gas discharged into the plastic paper.

Summary of Evidence

"2018 Highest 1523"

1. Defendant's legal statement;

1. Each E statement;

1. Statement of seizure of each police;

1. All on-site photographs;

1. The substance safety and health data (msDR) 2018 Highest 2888;

1. Defendant's legal statement;

1. Report on investigation (Violation of the Toxic Chemicals Control Act);

1. Related photographs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the same Act, the selection of imprisonment for a crime;

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 reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture is [the scope of recommendation] medication, simple possession, etc., and the basic area (six to one year) of the type 1 (Hicic Substances) (the decision of sentence] (the decision of sentence): The sentence was sentenced to a fine of three million won on April 2, 2018, and was sentenced to a fine.

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