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(영문) 의정부지방법원 2013.04.11 2013고단521
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten 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 may take in or inhale hallucinogenic substances that cause smoking, hallucation, or anesthesia, but the defendant, around 16:30 on February 17, 2013, 2013, she injected about about 15 minutes by inserting one "Tolucco" into a vinyl, which contains hallucinogenic substances in the frame adjacent to the Cnat Cnat Cnat, in a vinyl paper, and booming them over 15 minutes at the entrance of the given vinyl paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 58 of the relevant Act concerning facts constituting an offense and subparagraph 3 of Article 58 of the Poisonous Chemicals Selection Control Act and Articles 43 (1) of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] The reason for sentencing under Article 62-2 of the Act on Probation [Determination of Punishment] among the "Administration, Simple Possession, etc. of the said hospital" is that the defendant temporarily returned to Korea due to the operation of the said hospital while being hospitalized in the hospital, and the defendant currently was hospitalized in the hospital and was subject to treatment again, [the scope of recommendation] 6 months to 1 year [the period of suspension of execution]: The reason for major participation: negative criminal records (not more than 5 years of suspension of execution, not more than 3 years of suspension of execution or a fine not less than 3 times): positive and positive - social relation clear, serious reflects, voluntary and positive treatment (the type of medication and possession) / The decision of sentence] has the history of having been punished several times for the same kind of crime. However, the crime of this case was committed in consideration of the defendant's family members as well as the defendant's age, character and behavior, as well as the records of this case.

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