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(영문) 수원지방법원 2019.09.20 2019고단3646
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Chemicals Control Act in the Incheon District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Branch, and completed the execution of the sentence in the Daegu Prison on November 11, 2017.

【Criminal Facts】

1. From July 3, 2019 to July 4, 2019, the Defendant 13:00 to July 4, 2019, up to the right room of the first floor of the empty building in Suwon-si B, the Defendant shacked the valves of fuel butane gas generated throughout several times into his hand, and injected 240 times of butane gas, which is hallucinogenic substances, at the entrance of the plastic sealing, by mixing the valves of fuel butane gas generated by hand into a white plastic paper.

2. On July 5, 2019, the Defendant inhaled five butane gases, which are hallucinogenic substances, at the places specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police seizure;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (same-end records, repeated crimes, and confirmation of records of medical treatment and custody);

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to six years of imprisonment;

2. Aggravation of the punishment according to the sentencing guidelines (the determination of types) of narcotic crimes: The scope of recommendation [the first type] according to the medication, simple possession, etc. [the person in special form] and hallucinogenic substances [the person in special form] and aggravated factors: The area of aggravation of punishment [the scope of recommendation area and recommendation area] and the area of aggravation of punishment (not less than a three-year suspension of execution] of the same

3. Determination of sentence: The fact that the defendant was sentenced to a total of nine times of punishment for the same kind of crime and was sentenced to a disposition of medical treatment and custody four times in addition, the defendant committed the crime in this case during the period of repeated crime; on the other hand, the confession of the defendant and his behavior against him; and on the other hand, the age, character and conduct, intelligence of the defendant.

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