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(영문) 의정부지방법원 2020.10.15 2020고단1943
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2019, the Defendant was sentenced to 8 months of imprisonment for a violation of the Chemicals Control Act at the District Court of the Republic of Korea on February 14, 2019, and completed the execution of the sentence in a medical prison on September 9, 2019.

【Criminal Facts】

At around 07:30 on April 1, 2020, the Defendant injected hallucinogenic substances by inserting a copy of “Patch Sheet”, which is a strong industrial fluent ingredient purchased from the “C” located within the Government B market, into a plastic fluoron, which is a fluoric substance purchased from the “C”, and then inhales hallucinogenic substances in a plastic fluoron to the plastic fluor for about 10 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each photographic material and a statement of narcotics appraisal;

1. Previous convictions: Criminal records and investigation reports (the same type of suspect's rulings and confinement status attached thereto) shall apply to statutes;

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six years;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type) according to the sentencing guidelines for narcotics crimes: The same criminal record (a person under special guard) of hallucinogenic substances (a person under special guard) shall be sentenced to imprisonment for the same kind of crime (a range of recommending punishment), from 8 months to 1 year and 6 months (aggravated area

3. The Defendant, who was sentenced to a sentence of punishment, began to inhale hallucinogenic substances and received three times a juvenile protective disposition, and was sentenced to imprisonment not more than 18 times for a long time, but repeated and repeated the same crimes during the period of repeated offense, as in the previous crimes.

Despite the repeated criminal punishment of the defendant, there is a high possibility of criticism because the defendant does not stop the crime, and on the other hand, it seems that the defendant was addicted to hallucinogenic substances as much as he was addicted to hallucinogenic substances.

The sentence of imprisonment against the defendant is inevitable.

However, the defendant is the case.

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