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(영문) 광주지방법원 2016.09.28 2016고단3416
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Chemicals Control Act in the Eastern District Court of Seoul, and completed the execution on September 28, 2015.

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

On August 13, 2016, at around 02:20 on August 13, 2016, the Defendant: (a) after drinking 5 C in Sociju in the vicinity of D convenience stores in Gwangju Northern-gu, the Defendant discovered one additional gas of the cream "sking fuel" in Article 1 of the solar industry (main) in which the butane gas, which is a hallucinogenic substance, is about half of the gases, and then dices into a drafting for about 3 minutes of gas emissions after cutting the gas in his own clothes with the gas discharge outlet, and then pushing the gas into the gas discharge outlet.

Accordingly, the defendant inhaled carbon gases, which are hallucinogenic substances.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Preparation and report of a recording book (recording notes by telephone of a witness E);

1. Application of the Acts and subordinate statutes governing butane gas photographs;

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. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] / Simple possession, etc. of Class 1 (Hicic Substances) in the area of aggravation (from August to one year and six months) [Special Aggravation] of the said Class B before and after the said Class B before (within three years), [decision of suspended sentence] the circumstances constituting the conditions for sentencing as shown in the records of this case, such as the following circumstances and the defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the order.

The defendant committed the crime of this case, even though he had been sentenced to the same punishment not less than 8 times.

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