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(영문) 대전지방법원 천안지원 2020.04.22 2019고단3360
화학물질관리법위반(환각물질흡입)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in, inhale, or possess for this purpose any chemical substance that causes entertainment, hallucation, or anesthesia, any substance prescribed by Presidential Decree.

"2019 Highest 360"

1. From October 14, 2019 to October 13, 2019, between October 14, 2018 and October 13, 15, 2019, the Defendant injected hallucinogenic substances at the entrance of the Defendant, by inserting 10 bottles for the Home Teaching Materials, containing Toluene ingredients, in vinyl cel at the bar of the Defendant.

2. On November 17, 2019, around 21:05, the Defendant injected hallucinogenic substances at the entrance of the Home Star teaching material (70ml) containing Toluene E in a vinyl, and snifting them at the entrance of the Defendant.

"200 Highest 739"

3. At around 15:50 on December 14, 2019, the Defendant injected hallucinogenic substances at H’s house located in Jung-gu Incheon, Jung-gu, Incheon, by inserting one nice’s disease for teaching materials containing lueneN ingredients in vinyl wings, and then inhales hallucinogenic substances at the entrance of the Defendant.

Summary of Evidence

"2019 Highest 360"

1. Defendant's legal statement;

1. Each protocol of seizure and reply to requests for expert evidence of the list of seizure;

1. Each on-site photograph "20, 739";

1. Defendant's legal statement;

1. The police statement of H;

1. Records of seizure and the list of seizure;

1. A written request for appraisal;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the relevant criminal facts and the selection of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, despite the fact that the defendant had been punished by a fine for the same kind of crime, the defendant again commits each of the crimes in this case, and the defendant acknowledges the crime, and will not inhale the chemical substance in the future.

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