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(영문) 대전지방법원 2017.06.09 2017고단55
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Of the facts charged in the instant case, around December 27, 2016.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant was sentenced to 10 months of imprisonment for a violation of the Chemicals Control Act (snorting hallucinogenic substances) at the Daejeon District Court on August 18, 2015, and completed the execution of the sentence in the Daejeon District Court Seosan District Court on December 10, 2016.

1. On December 23, 2016, the Defendant: (a) exceeded the safety limit of 12 copies of liquid butane gas containing butane gas in the DNA conference located in Seo-gu Daejeon, Seo-gu, Daejeon; and (b) inhaled hallucinogenic substances by dividing the entrances of gas stations into the entrance and the croca, and then taking them into the croca.

2. On December 26, 2016, the Defendant exceeded, at the Defendant’s house located in Seo-gu, Daejeon, Seo-gu, Daejeon apartment 201, 505, the safety caps of three parts of liquefied carbon gas containing hallucinogenic gas, and injected hallucinogenic substances in such a way as to divide the entrance of the gas tank into the entrance and the croca.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Entry of seizure records;

1. Images, such as site photographs;

1. Application of Acts and subordinate statutes stating an investigation report (verification of the period of repeated crime and attachment of a copy of the judgment);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning facts constituting an offense, and Articles 59 and 22 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The portion not guilty, such as the reflection of the reason for sentencing under Article 48(1)1 of the Criminal Act, the repeated crime of the same kind, and the continuous repeating of crimes.

1. Of the facts charged in the instant case, on December 27, 2016, the Defendant inhaled hallucinogenic substances in the violation of the Chemicals Control Act (smelting hallucinogenic substances) around December 27, 2016, in the front side of the H pharmacy located in Seo-gu Daejeon, Daejeon on December 27, 2016, by extracting a lake connected with the gas pipe containing LPG gas, which is a hallucinogenic substance, from the front side of the H pharmacy located in Seo-gu, Daejeon.

2. According to Article 22(1) of the Chemicals Control Act and Article 11 of the Enforcement Decree of the Chemicals Control Act, hallucinogenic substances are “1. Toluene, ethylene or methyl alcohol;

2. The materials referred to in subparagraph 1;

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