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(영문) 부산지방법원 2019.03.26 2018고단5982
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 or inhale any chemical substance that causes entertainment, hallucination, or anesthesia, which is prescribed by Presidential Decree.

Nevertheless, on November 1, 2018, from around 12:50 to 15:20 of the same day, the Defendant: (a) placed in the parking lot of the building B located in the Busan Geum-gu, Busan; (b) placed in the above EXE car, and EXE car parked on November 6, 2018, and EXE car parked on the road adjacent to the above B building parking lot on November 18:0, 2018, put them into the test plastic paper containing luene, which is a hallucinogenic substance purchased in advance, into the plastic paper, and inhaled them at the entrance, by putting them into the bar and huming them into the plastic paper.

Accordingly, the defendant inhaled hallucinogenic substances more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the CCTV image photograph Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the crimes 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. It is so decided as per Disposition, taking into account the following factors: (a) there is no history of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) his/her mistake is against himself/herself; and (c) motive, circumstance, etc

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