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(영문) 춘천지방법원 강릉지원 2017.10.13 2017고단979
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal history] On December 10, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Chemicals Control Act (snurting hallucinogenic substances) at the Gangseo Branch of the Chuncheon District Court on the ground of the violation of the Chemicals Control Act, and completed the execution of the sentence at the Ansan Prison on January 28, 2017.

[ criminal facts] No person shall take in or inhale substances prescribed by Presidential Decree, among chemicals that cause entertainment, hallucation, or anesthesia.

1. On July 11, 2017, the Defendant, at the Dicscar car parked in the neighboring parking lot C in the East Sea around July 11, 2017, dichot gas, which is a hallucinogenic gas, was inhaled in a way that the Defendant shot gas, which is a hallucinogenic gas, is classified into water dust and inhaled into co-ins.

2. On August 13, 2017, the Defendant inhaled the butane gas from F hotel 210 in the East Sea, which is a hallucinogenic substance, by means of entering in the form of a bar and coconcing the butane gas, at a low rate of 210.

3. On August 21, 2017, at the places indicated in paragraph 2, the Defendant inhaled but injected but in a shot gas, which is a hallucinogenic substance, into water, at the places indicated in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. The scene of the case, identification photographs, response to requests for appraisal, and related photographs;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant’s reason for sentencing is that the Defendant committed the principal offense during the period of repeated crimes for the same kind of crime, and that the amount of butane gases inhaled by the Defendant is considerable, a sentence of imprisonment to the Defendant is inevitable.

Provided, That the punishment as ordered shall be determined by taking into account the criminal records of the defendant, the circumstances faced by the defendant, etc.

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