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(영문) 수원지방법원여주지원 2020.10.13 2020고단732
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Six (Evidence No. 1) of the seized Home Costa (Influence) 70Gs shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the Sungnam Branch of the Suwon District Court on November 21, 2018, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on September 20, 2019.

【Criminal Facts】

No person shall take in, inhale, or possess for such purposes any chemical substance prescribed by Presidential Decree, which causes smoking, hallucination, or anesthesia (hereinafter referred to as "hic substance").

Nevertheless, from around 03:00 on June 15, 2020 to around 09:00, the Defendant possessed 'C' side of the ‘C', which is located in Ischeon-si B, for the purpose of inhaleing 6 diseases of teaching materials containing Toluene, which are hallucinogenic substances, and inhaled several times by inserting one of them into a vinyl straw at the entrance of the paper, and inserting it into a vinyl with a nose at the entrance of the paper.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, photographs of the accused, and investigation reports (on-site CCTV files and photographs files);

1. A response to a request for the appraisal of CCTV images and a narcotic appraisal report;

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports, judgments, and personal confinement status;

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

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

(a) Violation of each Chemicals Control Act [Determination of Types]. Trade, good offices, etc. (Type 1], hallucinogenic substances, and flapsying substances;

Aggravations, etc. [Special Aggravations] Aggravations: In the area of aggravation of the same criminal records (not less than three years of suspension of execution): the area of aggravation of punishment; 10 months to 2 years of imprisonment;

(b) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum of crimes No. 2) of imprisonment;

2. Sentence;

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