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(영문) 수원지방법원 안산지원 2020.01.10 2019고단4161
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On October 30, 2019, between 19:00 and 21:00 on November 21, 2019, the Defendant inhaled seven industrial main dykes containing Toluene in plastic sealings, which are chemicals that cause interesting, hallucination, or anesthesia in the Sinul City B, C, and from November 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An explanatory note;

1. Substance safety and health data;

1. Reports on internal investigation and investigation reports (to hear statements filed by 112 reporters);

1. Application of Acts and subordinate statutes to seized articles and field photographs;

1. Article 59 of the Chemicals Control Act, Articles 59 subparagraph 6 and 22 of the Selection of Punishment for Criminal Facts, and Selection of Imprisonment;

1. For the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) as in the instant case, the crime of inhaleing hallucinogenic substances, such as the instant case, causes emotional anxiety and mental disorder; (b) is related to various crimes and flight; (c) is likely to cause death; (d) it is not easy to detect them due to the characteristics of the crime; (c) is likely to cause serious harm and harm to national health; (d) it is necessary to severely punish the Defendant; (e) it is favorable that the Defendant has been punished eight times for the same crime from 1997 to 2013; and (e) the Defendant has no record of punishment for the same crime since 2013; and (e) the Defendant’s age, character and behavior, environment, motive and background of the crime; and (e) circumstances after the crime, etc., the punishment shall be determined by taking into account all the various factors of sentencing as ordered in the process of trial and trial.

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