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(영문) 창원지방법원 2019.11.28 2019고단2741
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 (three butane gas) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Chemicals Control Act at the Gwangju District Court on April 26, 2018, and completed the execution of the sentence on August 28, 2019.

【Criminal Facts】

around 22:00 on September 12, 2019, the Defendant purchased 1 copy and 2 copy of “scoping” butane gas (capacity 220g) from “scoping,” which is a hallucinogenic gas, for the purpose of inhaleing in the mutual inscopic mar at the window of Changwon-si, Changwon-si, and around that time, up to 23:50 on the same day, the Defendant purchased 1 copy of “scoping,” and 1 copy of “scoping” gas from the C Park located at the window of Changwon-si, Changwon-si, and 1 copy of “scoping,” and possessed for the purpose of inhaleing the gas from the gas from the gas to the scopic 50 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Seizure records;

1. Each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act and the selection of punishment for a crime;

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

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

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, career, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime.

A favorable circumstances: The fact that it seriously reflects on the police, and that it is disadvantageous to the police immediately after the crime: The fact that the police has been punished several times due to the same crime, but has committed a second offense within a short time after release.

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