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(영문) 대구지방법원 의성지원 2018.10.04 2018고단144
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Two copies (No. 1) of the raw materials for industrial use seized shall be confiscated.

Reasons

Punishment of the crime

On March 29, 2017, the Defendant was sentenced to imprisonment with labor for a crime of inhaleing hallucinogenic substances in violation of the Chemicals Control Act at the Seoul Northern District Court on March 29, 2017, and completed the execution of the sentence on August 21, 2018.

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for such purposes.

Nevertheless, on August 21, 2018, from around 21:00 to August 11:50, 2018, the Defendant injected part of the 1kg E-Industrial Complex (Evidence No. 1) contained in the 1kg E-Industrial Complex, which is a hallucinogenic substance purchased from the nearby steel water shop, into a drinking water bag of 1.5 liters, and injected hallucinogenic substances by opening two lids of the above main raw materials of the industry containing the remainder and laying down in the bees and spreading the wind engine within the inner area. The Defendant inhaled the hallucinogenic substances in the above infusing 1kg E-Industrial Complex, which is a hallucinogenic substance purchased from the adjacent steel water shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of a site photograph, suspect photograph, report processing sheet, material safety and health data, and response letter requested for appraisal;

1. Existing evidence under subparagraph 1 of this Article;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and the current status of personal expropriation;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Scope of punishment by law: Not more than six years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination], medication, simple possession, etc.

3. Determination of sentence: Imprisonment with prison labor for a year, the age, environment, sexual conduct, motive for committing a crime, means and result of a crime;

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