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(영문) 창원지방법원 2016.12.21 2016고단3366
화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On May 13, 2015, the Defendant was sentenced to 10 months in the Changwon District Court for a violation of the Chemicals Control Act, and completed the execution of the sentence on January 26, 2016.

No person shall take in or inhale any chemical substance that causes entertainment, hallucination, or anesthesia, which is prescribed by Presidential Decree.

Nevertheless, at around 04:45 on October 11, 2016, the Defendant inhaled about 10 minutes of the portable butane gas (salking fuel, capacity: 520ml) in the vicinity of 20m of the direction of “D Park,” which is located in the window C of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notification to a department related to the report of 112 Incident;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions), and application of three copies of written judgments;

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

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

1. The sentencing conditions indicated in the records of this case, such as the fact that the confiscation is a repeated crime of the same kind as the sentencing reason under Article 48(1) of the Criminal Act, the fact that the three times of the three times of the same punishment, and the defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered.

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