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(영문) 서울남부지방법원 2016.05.12 2016고단1166
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

【Criminal Records of Crimes】 On October 22, 2014, the Defendant was sentenced to one year of imprisonment and medical care and custody for a violation of the Chemicals Control Act at the Suwon District Court’s Eunpyeong District Court on the grounds of a violation of the Chemicals Control Act, and completed the execution of the sentence at the Giwon vocational training prison on July 13, 2014.

【Criminal facts” located in Yeongdeungpo-gu Seoul Metropolitan Government, on January 8, 2016, around 10:00, the Defendant inhaled, in a 306 heading room, the Defendant 306 heading in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, in a conspiracy to a vinyl “Toluene” and the industrial main body “toluke” into a plastic paper, and inhaled, in a way that the Defendant sat and sat and sat at the entrance of the sealing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A criminal investigation report (attaching pictures of the main body of the industrial inhaled by the person under investigation);

1. Previous convictions: Inquiry into criminal history, report of investigation (verification during the period of repeated crime and attachment of the same criminal records), each judgment, authorization of each individual and current status of confinement under Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the relevant Act on criminal facts (the intake of hallucinogenic substances);

O. Imprisonment selection)

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] / [Class 1] : The basic area of the crime related to narcotics: from June to one year [the person subject to special sentencing] as the reason for aggravation (the person subject to special sentencing] (the same type of repeated crime): August to one year and six months] can be known that the defendant recognized his mistake and made his own effort to stop hallucinogenic substances. However, considering that the defendant reached this case during the period of repeated crime of the same kind of crime, there is a possibility of criticism against the defendant.

In addition to these circumstances, the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, criminal records, and the circumstances after the crime, were considered and the Defendant was sentenced to the same punishment as the disposition.

It is so decided as per Disposition for the above reasons.

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