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(영문) 광주지방법원순천지원 2020.10.29 2019고단2831
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse in the Gwangju District Court's net support on May 18, 2017, and completed the execution of the sentence in the Gwangju Prison on May 7, 2018.

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

Nevertheless, on October 13, 2019, from around 22:23 to 23:23, the Defendant injected hallucinogenic substances at the entrance of a vinyl paper, in DK5 car parked in the front parking lot of the G K5-dong B apartment (hereinafter “The Home Star Teaching Materials”). The Defendant injected hallucinogenic substances by inserting ice containing hallucinogenic substances, into a plastic paper, into a plastic paper, and taking them into the entrance of a vinyl paper to be filled.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. A certificate of hallucinogenic substances;

1. Report on internal investigation (verification of CCTV images);

1. Previous records of judgment: Criminal records, reply reports, judgment, and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Article 59 of the Chemicals Control Act, Articles 59 subparagraph 6 and 22 of the Selection of Punishment for Criminal Facts, and Selection of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. Medication, simple possession, etc. [Type 1] hallucinogenic substances (special scams] - mitigated factors: Self-denunciation (the range of recommending and recommending sentences in accordance with the self-denunciation as a matter reported to the police by the mother of the defendant, likely to threaten the defendant and reported to the defendant to the police] mitigated area (the scope of recommending and recommending sentences] mitigated area, and one month through August (the grounds for suspending execution) ;

2. Although the defendant who was sentenced to punishment is under the period of repeated crime and was sentenced to a fine for the same kind of crime during the above period, he again committed the crime of this case, and there seems to be a serious punishment against the defendant.

Defendant’s mistake is against the law.

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