2019 Highest 1128, 1548, 2864 (Joint)

(a) Violation of the Chemicals Control Act;

(b) Damage to property;

1. A. B.

2. B

The decoration of lectures, leathers (prosecutions), stuffs (public trial)

Attorney Lee Ma-su (Presiding Justice for Defendant A)

October 10, 2019

Defendant A shall be punished by imprisonment with prison labor for not less than 4 months and by imprisonment for not more than 4 months with prison labor for a crime of No. 1, No. 2, No. 4-b, and No. 6 through No. 8.

However, with respect to the crime No. 3 and No. 4-A of the judgment against Defendant A from the date this judgment became final and conclusive, the execution of each of the above punishment against Defendant B shall be suspended for two years.

Evidence Nos. 1 through 2 (No. 119 of the Regional Prosecutors' Office within the District Prosecutors' Office), evidence Nos. 1 through 2 (No. 174 of the Regional Prosecutors' Office within the District Prosecutors' Office within the Republic of Korea), evidence Nos. 1 (No. 205 of the Regional Prosecutors' Office within the District Prosecutors' Office in the Republic of Korea), evidence Nos. 1 through 2 (No. 282 of the Regional Prosecutors' Office within the District Prosecutors' Office within the Republic of Korea), evidence Nos. 1 through 4 (No. 283 of the Regional Prosecutors' Office within the District Prosecutors' Office within the Republic of Korea), evidence No. 1 through 2 (No. 305 of the Regional Prosecutors' Office within the District Prosecutors' Office within the Republic of Korea), evidence No. 301 through 2 (No. 305 of the Regional Prosecutors' Office within the District Prosecutors' Office within the Republic of Korea), evidence No. 2019 through 371 through 46 of the Local Prosecutors' Prosecutors' Office within the Republic of Korea

Criminal facts

【Criminal Power】

On September 19, 2018, Defendant A was sentenced to a suspended sentence of four months for a violation of the Chemicals Control Act in the Suwon District Court's Ansan Branch's branch on September 19, 2018, and the judgment became final and conclusive on September 28, 2018, but the suspended sentence was revoked on February 16, 2019.

【Criminal Facts】

"2019 Highest 1128"

1. Violation of the Chemicals Control Act;

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

Nevertheless, Defendant A inhaled hallucinogenic substances more than ten times in total from the above date to February 4, 2019, as shown in the list of crimes in attached Table, at the male-gu E’s residence in Suwon-gu where the Suwon-gu C apartment zone D was located from October 27, 2018 to October 00:0.

2. Damage to property;

Defendant A, from January 6, 2019 to January 01:00, 7, 2019, at the L hotel located in Ansan-si (F) of the victim G operation of Ansan-si, from January 14:40 to January 7, 2019, francing the color malcar into vinyl bars with the entrance of the victim, and smelting it into the entrance of the victim, Defendant A made its utility so that it can come into approximately KRW 500,000 at the cost of cleaning the guest rooms owned by the victim, such as the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee, the bee,

"2019 Highest 1548"

3. Defendants’ co-principal conduct

On February 8, 2017, from around 19:00 to 13:20 of the following day, the Defendants were unable to use them by asking k in the part of the Victim K in Suwon-si from around 19:00 to around 13:20 of the following day, and in the course of inhaleing scars containing hallucinogenic substances, the Defendants were unable to use them in the part of the victim.

As a result, the Defendants conspired to damage the victim's property amounting to the total market value of 245,000 won, thereby impairing its utility.

4. Defendant A

No person inhales hallucinogenic substances as follows, even though he/she is prohibited from taking in, inhaleing, or possessing for this purpose any chemical substance prescribed by Presidential Decree (hereinafter referred to as "hic substances"), which causes smoking hallucination or anesthesia.

A. On February 8, 2017, from around 19:00 to the next day 13:20 on the following day, the Defendant injected hallucinogenic substances at the Lambel M located in Suwon-si, and with B, scars containing hallucinogenic substances into vinyl wings, and scars containing hallucinogenic substances, at the entrance of the Defendant, in a manner of melting them with their joints and coins at the entrance.

B. On January 31, 2019, around 10:00, the Defendant, at the Defendant’s residence, N, and No. O, injected hallucinogenic substances at the entrance of the Defendant, by melting a scar containing a stoluene, which is a hallucinogenic substance, into a plastic stoke, and by melting the stokeic substances at the entrance of the Defendant.

5. Defendant B

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

Nevertheless, between February 8, 2017 and the next day 13:20 on February 8, 2017, the Defendant inhaled hallucinogenic substances by melting a scar containing lux, which is a hallucinogenic substance, into a plastic scam, together with A, into a plastic scam, at the entrance of a plastic scam, and scam at the entrance of the scam.

"2019 Highest 2864"

No person shall take in or inhale any chemical substance prescribed by Presidential Decree (hereinafter referred to as "hestic substance"), which causes smoking, hallucination, or anesthesia, or possess it for such purposes.

6. To inhale hallucinogenic substances around April 8, 2019;

At around 11:50 on April 8, 2019, Defendant A added a scam frame containing luent ingredients into a vinyl straw, and inhaled hallucinogenic substances at the entrance of the scam in a scam, using a method of scaming the scam and coin with the scam.

7. To inhale hallucinogenic substances around April 12, 201.

Defendant A, from April 12, 2019 to 18:40 on the same day, she injected hallucinogenic substances at the entrance of the Defendant: (a) N in Ansan-si; (b) O, scam presses containing luxn ingredients in vinyl strings; and (c) scambling hallucinogenic substances at the entrance of the Defendant.

8. To inhale hallucinogenic substances around April 15, 2019;

At around 09:20 on April 15, 2019, Defendant A, at the same time, injected hallucinogenic substances into a vinyl frame containing luluene, which is a hallucinogenic substance, into a vinyl, and inhaled them at the entrance by means of putting them into a lux and sculing.

Summary of Evidence

"2019 Highest 1128"

1. Defendant A’s legal statement

1. Statement by the prosecution concerning P;

1. G and each statement of P;

1. On-site photographs, CCTV closure photographs, receipts purchased by the suspect, site photographs, field photographs, field-related photographs, etc., related photographs, relevant photographs, photographs, photographs, photographs records, and photographic records (on-site photographs and seized objects photographs);

1. Notification of the results of each legal and chemical appraisal, response to each request for appraisal, each hallucinogenic substance appraisal report, copies of narcotics appraisal report, response to requests for appraisal, and chemical appraisal report;

1. Each protocol of seizure and each copy of seizure;

"2019 Highest 1548"

1. Defendants’ respective legal statements

1. The K's statement;

1. Each protocol of seizure and the list of seizure;

1. A statement of hallucinogenic substances, reply to request for appraisal, and copy of the appraisal statement of hallucinogenic substances;

1. On-site photographs, on-site photographs of destruction of and damage to property, ctv course photographs, and photographs of emotionals around February 8, 2017;

"2019 Highest 2864"

1. Defendant A’s respective legal statements;

1. A P statement;

1. All on-site photographs;

1. Written request from the National Institute of Scientific and Investigative Research to make appraisal of hallucinogenic substances;

1. Each protocol of seizure and the list of seizure;

【Special Crimes in the Korean War】

1. Defendant A: Criminal history records, investigation reports (Attachment to the suspect's previous records, court rulings, etc.), report on the results of confirmation of the previous dispositions, and judgment, etc.;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22(1) of the same Act, Article 366 of each Criminal Act (in the case of destruction of and damage to property, and joint criminal conduct, Article 30 of the Criminal Act is added), and choice of imprisonment, respectively.

B. Defendant B: Subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22(1) of the Chemicals Control Act, Articles 366 and 30 of the Criminal Act (the point of inhaleing hallucinogenic substances), and the choice of imprisonment, respectively.

1. Handling concurrent crimes;

Defendant A: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

Reasons for sentencing

1. Defendant A

In light of the fact that the defendant has been punished several times for the same kind of crime, and in particular, the crime of 1, 2, 4-2, 6-8, and 8 of the decision was committed during the period of suspension of execution due to the same crime, and that the suspension of execution has been revoked, in the case of the crime of 1, 2, 4-2, 6-2, and 8 of the decision, it is inevitable to sentence the defendant with sentence equivalent to the liability for the crime.

However, in the case of a crime of violation of the Chemicals Control Act and the latter part of Article 37 of the Criminal Act, the equity should be taken into account when the judgment is rendered at the same time in relation to the crime of violation of Article 37 of the Criminal Act. The circumstances favorable to the defendant, such as the defendant's favorable circumstances and other conditions, such as the defendant's age, character and behavior, motive and background of the crime, means and consequence, the circumstances after the crime, etc., and the sentencing conditions specified in the present arguments and records, shall be determined as ordered by taking into account.

2. Defendant B

The fact that the defendant has been punished for the same kind of crime, and the damage has not been recovered is disadvantageous to the defendant. However, the circumstances favorable to the defendant, such as the defendant's recognition of the crime and the fact that there is no record of punishment exceeding the fine, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and conduct, motive and background of the crime, means and results, and the circumstances after the crime, etc., and the sentencing conditions specified in the records

Judges Park Jae-young

A person shall be appointed.