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(영문) 수원지방법원 2019.02.12 2018고단6993
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On July 12, 2013, the Defendant is a person with five same criminal records, such as imprisonment with prison labor for a violation of the Toxic Chemicals Control Act, in leisure branch of the Suwon District Court.

【Criminal Facts】

1. No person who has violated the Chemicals Control Act shall take in or inhale any chemical substance prescribed by Presidential Decree which causes interest, hallucination, or anesthesia, or possess any chemical substance for such purpose;

Nevertheless, around November 25, 2018, from around 15:00 to 17:00 on the same day, the Defendant inhaled to the multi-household housing building in Suwon-si B, Suwon-si, the Defendant: (a) 520 square meters of “Solan Fuel” purchased at the neighboring convenience store, which is divided into the two descendants, and divided the 520 square meters of “Solan Fuel” into the two descendants in order, and boomed into the knish gas.

2. No spits or spits nature on roads in violation of the Punishment of Minor Offenses Act, parks, or other places where many people gather or frequent, without permission therefor;

Nevertheless, the defendant considered panty and panty panty in the passage of residents at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Field photographs, etc.;

1. A report on investigation (to attach mobile phone images with the identification of the accused and the page of the crime);

1. Investigation report (person for reference D telephone communications);

1. Investigation report ( compliance with the direction of inspection - Attachment of the results of appraisal of butane gas from seized articles, and related to destruction of seized articles);

1. Application of Acts and subordinate statutes of the 2018-H-22692 of the Act and subordinate statutes to a request for appraisal;

1. Article applicable to the crime, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment Act (the point of inhaled carbon gas, the choice of imprisonment), Article 3 (1) 12 of the Punishment of Minor Offenses Act (the point of violation of the Punishment of Minor Offenses Act, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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