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(영문) 부산지방법원 2020.06.15 2019고단6172
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

Nevertheless, at around 10:50 on November 27, 2019, the Defendant injected hallucinogenic substances in a luxic disease, containing luxate ingredients, into the luxic disease at the waste price located in Busan District, Busan District, and then inhaled them into the luxic disease, putting the lux in a plastic lux with the lux with the luxic lux with the lux with the lux with the lux with the lux with the lux with the lux with the lux

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Statement of a criminal investigation report (on-site conditions);

1. The application of Acts and subordinate statutes in which a report on investigation is filed (Attachment of a written request for appraisal);

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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

2. Scope of recommendation [decision of types] according to the sentencing criteria: Medication, simple possession, etc. [Type 1] There is no hallucinogenic substance [the scope of recommendation field and recommendation range] (the scope of recommendation field and recommendation range], basic area, and six months to one year.

3. Determination of sentence: The Defendant imposed on the probation and community service order and suspended the execution of the sentence for two years, considering the following: (a) the Defendant had been punished eight times, and among them, the Defendant selected six months of imprisonment, taking into account the fact that the Defendant had been punished for the same kind of crime including four times of the past punishment; (b) the confession and reflect of the Defendant; and (c) the frequency of punishment for the same kind of crime is only one time; and (d) the timing of punishment for the same type of crime was transferred on September 2004.

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