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(영문) 의정부지방법원 2016.01.25 2015고단4811
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On November 1, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act (injecting hallucinogenic substances) at the District Court of the Jung-gu District on November 1, 2012, and completed the execution of the sentence at the first intersection of the North Korean Island on November 27, 2013.

[2] On December 2, 2015, the Defendant inhaled 20 minutes of 12:30 on the front day of the Government of the Republic of Korea, in a manner of Modern cocoke, an industrial principal chemical substance of Toluene, purchased in the vicinity of the Gui-si Station, which is a luxic chemical of luxan, purchased in the Gui-si Station, into a plastic lux, and then exposing them into a plastic lux.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a report on a witness's statement);

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, report on investigation (Attachment of judgment, etc.); application of Acts and subordinate statutes on personal identification and acceptance status;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] : medication, simple possession, etc. / [the person subject to special aggravated punishment] / [the person subject to suspended sentence for not more than 3 years] / the person subject to imprisonment for one year is highly likely to have been punished for the same kind of crime. In light of the fact that the defendant was sentenced to imprisonment for a year as stated in the judgment in the judgment, and again inhales hallucinogenic substances during the period of repeated crime, it is inevitable to sentence the defendant, considering the fact that he/she was sentenced to imprisonment with prison labor, as stated in the judgment, and again inhales hallucinogenic substances during the period of repeated crime.

However, considering favorable circumstances, such as the fact that the defendant recognized the facts of crime and expressed the intent of the defendant to treat the habitor of inhalement of hallucinogenic substances, and taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, environment, motive, means, etc., the punishment as ordered in the sentencing guidelines shall be determined within the scope of the recommended sentencing guidelines.

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