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(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단1024
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

The number of the seized butane gas (niffed), five (No. 1), butane gas (niffed) is cut.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for the violation of the Chemicals Control Act at the Gangnam Branch Branch of the Chuncheon District Court on April 25, 2019, and two years of suspended execution, which became final and conclusive on May 3, 2019, and is currently under suspended execution.

【Criminal Facts】

No person shall take in or inhale any chemical substance that causes entertainment, hallucination or anesthesia.

Nevertheless, at around 02:30 on August 21, 2019, the Defendant 1), in the second floor public toilets of the building “C” located in Gangseo-si, Gangnam-si, the Defendant inhaled the bane gas, which is a hallucinogenic substance, into a hysia, and inhaled two in the bane gas, and 2) around August 25, 2019, the Defendant inhaled three in the said manner at the places indicated in the foregoing paragraph (1) as above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment to on-site photographs), the scene, and pictures of butane gases;

1. Reports on internal investigation (verification of scrap purchased by a suspect), and photographs of purchased mays;

1. A DNA CCTV photograph and a DNA CCTV CD;

1. Investigation report (the details of the inspection), purchase receipts, CCTV images of E-Sabrops, and CCTV images of E-Sabrops;

1. Investigation report (to be accompanied by butane gas photographs kept after collection by the owner of the business), and the removed butane gas copies photographed;

1. Previous records of judgment: Application of criminal history records, investigation reports (Attachment of judgment subject to invalidation of suspension of execution of punishment), Gangnam-gu 2019 highest 257 statutes;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: These hallucinogenic substances, such as butane gases inhaled by the defendant, may cause emotional anxiety and mental disorder, and may be related to various crimes and flights.

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