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(영문) 대구지방법원 포항지원 2020.07.23 2020고단748
화학물질관리법위반(환각물질흡입)
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2017, the Defendant was sentenced to imprisonment with prison labor for an injury resulting from continuing injury at the port branch of the Daegu District Court on February 2, 2017, and completed the execution of the sentence on April 28, 2018.

【Criminal Facts】

No person shall take in or inhale hallucinogenic substances which cause entertainment, hallucination or anesthesia.

Nevertheless, the Defendant:

A. On March 20, 2020, around 21:27, the Defendant’s dwelling gate B located in Nam-gu, Nam-gu, the Defendant scam from the front stairs in front of the dwelling gate, and inhales them in a manner that scams into hallucinogenic substances and enjoys nomenclatures;

B. On March 22, 2020, at around 18:47, 18:47, snish gas inhaled by the same method in the above defendant's residence;

C. On March 23, 2020, at around 16:54, 16:54, cut down and inhaled butane gases in the same manner within the residence of the above accused;

D. On April 9, 2020, in the same manner as that of D, an area located in Nam-gu, Nam-gu, Nam-si, Nam-si, in the same manner, inhaled coal gas; and

E. At around 16:10 on May 29, 2020, the breath gas was inhaled by the same method within the above defendant's residence.

Accordingly, the defendant inhaled hallucinogenic substances that cause entertainment, hallucination or anesthesia more than five times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on investigation (151 pages, 153 pages of investigation records);

1. A narcotics appraisal statement;

1. Each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (suspects, etc. during the period of repeated crimes);

1. Article 59 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the crimes and the selection of punishment. Article 59 of the same Act concerning the crimes.

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of types) (Violation of the Chemicals Control Act) (Determination of types), drug crimes, medication, simple possession, etc. (Type 1).

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