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(영문) 수원지방법원 성남지원 2018.01.10 2017고단3332
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

8, 2 butane gas, and 1 vinyl paper that have been seized.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to one year and six months for a crime of violation of the Chemicals Control Act in the Sungnam Support Center of the Suwon Friwon on June 22, 2016, and completed the execution of the sentence in the Jeonju prison on October 16, 2017, and the same criminal history was 11 times.

[Criminal facts] No person shall take in or inhale substances prescribed by Presidential Decree, which may cause an entertainment, hallucination or anesthesia, or possess for this purpose.

Nevertheless, on November 3, 2017, the Defendant: (a) divided the entrances of a “snicking fuel” gas into a bar at the back of the public parking lot in the Taenam-si, Hanam-si, Hanam-si, 80, into the Yannam-si, Hanam-si, Hanam-si, Hanam-si, and Yan-si, the Defendant injected hallucinogenic substances into a bar; (b) inhales them into the entrance of the plastic paper; (c) snicking them into the plastic paper; and (d) snicking them into the entrance of the plastic paper; and (d) possessed a gas “snick fuel” for inhaleing them, as shown in the attached list of crimes, from around November 30, 2017 to around November 30, 2017.

Accordingly, the Defendant violated the Chemicals Control Act.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Three copies, on-site, and photographs of seized articles;

1. Each protocol of seizure;

1. A report on internal investigation:

1. Previous records: Inquiry into criminal records, report on investigation (Attachment of the previous decisions attached thereto), and application of Acts and subordinate statutes concerning personal confinement;

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 the 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. In the case of habitual offenders, the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : medication, simple possession, etc.

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