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(영문) 서울남부지방법원 2018.08.22 2018고단3209
화학물질관리법위반(환각물질흡입)
Text

A person shall be punished by imprisonment with prison labor for three months for a crime set forth in the judgment of the defendant and for six months for a crime set forth in the judgment of the court.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 13, 2018, the Defendant was sentenced to a suspended sentence of two years for eight months in the Seoul Southern District Court due to a violation of the Chemicals Control Act (smelting hallucinogenic substances), etc., and the judgment became final and conclusive on March 21, 2018.

[Criminal Facts]

1. On March 20, 2018, the Defendant 11:30, at a male toilet of the D 11th floor located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant shot gas, which is a hallucinogenic substance, in his possession, was subdivided into a male toilet of the D 11st floor, and shot gas, which is a hallucinogenic substance, was inhaled by the Defendant.

2. At around 07:40 on March 21, 2018, the Defendant inhaled carbon gas, which is a hallucinogenic substance, in the second column of the toilet for the fourth underground parking lot in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, the second column of the toilet for the fourth underground parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A report on investigation (referring to the results of appraisal by the State);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) the reason for sentencing under Article 39(1) [mutually between the crime of violation of the Chemicals Control Act and the crime of violation of the Chemicals Control Act (hesting hallucinogenic substances, etc. on March 2018) for which judgment has become final; (b) the background and details of each of the instant crimes; and (c) the Defendant committed each of the instant crimes at the same time even though he/she was subject to criminal punishment like the same crime as indicated in the judgment; (d) all of the crimes are recognized and against the Defendant; (e) in the case of the crime of Article 1 of the judgment, the judgment of suspension of execution seems to have been revoked at the same time as the crime for which judgment became final and conclusive; (e) the Defendant’s age, career, health

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