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(영문) 춘천지방법원 영월지원 2013.07.19 2013고단262
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Toxic Chemicals Control Act in the Suwon District Court's Ansan Branch on April 26, 2012, and completed the execution of the sentence on November 8, 2012.

At around 23:00 on June 11, 2013, the Defendant: (a) parked in the safety zone around the Jinho-ri-dong Highway, the Jinho-ri, the Jinho-ri-ri, the Jinho-ri, the Jinho-ri, the Jinho-ri, in the driver’s seat of the Linho-ri, Linho-ri, the Defendant injected a one of the pincoke, containing hallucinogenic substances, into a vinylic substance, into a plastic paper; and (b) inhaled the entrance of the plastic paper by means of spreading it into a plastic paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. On-site photographs and photographs of seized articles;

1. A criminal investigation report ( Results from requesting appraisal of ingredients);

1. Previous records of judgment: Criminal records, inquiry reports by individuals, current status of personal identification, application of Acts and subordinate statutes;

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

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

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

1. The range of sentencing on the sentencing guidelines [decision of types] the scope of sentencing on the recommendation (decision of types] the medication, simple possession, etc. of narcotics: hallucinogenic substances (special sentencing factors: not less than a three-year period of suspension of execution: Decision of the recommended field] (decision of the recommended area): Imprisonment with prison labor for not less than 8 months to 1 year and 6 months [decision of the recommended area] the scope of aggravated punishment (decision of the recommended area] [decision of the recommended area] the scope of suspended sentence] - The major reasons for writing: (unlawful) the previous conviction (not less than 5 years of suspended sentence): the previous conviction for not less than 2 times, the social relation is clear,

2. The Defendant, as stated in the first head of the judgment, was sentenced to a punishment for the same kind of crime as stated in the judgment, and committed another case at least six months after the execution of the sentence was completed, and the Defendant has three times the past records of punishment for the same crime (two times the actual punishment and one fine) and thus, a sentence of sentence to the Defendant is inevitable.

However, the defendant.

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