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(영문) 서울동부지방법원 2016.09.29 2016고단1289
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for one year.

Two (Evidence No. 1), hemp 3.78g (Evidence No. 2) of the hemp plants seized for industrial use.

Reasons

(b) relevant legal provisions and Articles 59 subparagraph 6 and 22 (1) (the points of inhaled hallucinogenic substances) of the Chemicals Control Act with regard to selective punishment, and Articles 61 (1) 6 and 4 (1) 2 (the hemps) of the Narcotics Control Act;

in possession), Article 141(1) of the Criminal Act (a point of damage to public goods), each choice of imprisonment

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. Sentencing criteria;

(a) Violation of the Chemicals Control Act (the scope of a recommended punishment), medication simple possessing, etc. of hallucinogenic substances (type 1). In the aggravated area (eight months to one year and six months) (a person subject to special sentencing), habitual offenders, and previous criminal records of the same kind (a suspended execution for not more than three years);

(b) Aggravation (0-2 years from October to 2) of violation of the Narcotics Control Act (the scope of a recommendation), medication, etc. (the scope of a punishment for a violation of the Act on the Control of Narcotics, etc.) in the increased area (10-2 years from the date of a special sentencing) of the said species (the suspension of the execution of a sentence for a violation of three years or more);

(c) Loss of goods for public use [the scope of recommending punishment] Nullity of goods for public use (type 1) and invalidation of goods for public use (type 1) [the mitigated area (~8 months]] where the value of the goods that have been invalidated or destroyed is minor * The standards for handling multiple crimes : 10 months to 20 months : 11 months ;

2. The Defendant had the record of being punished 11 times through inhaled hallucinogenic substances, and committed a crime continuing to repeat the crime within the period of repeated crime after release, and committed a crime damaging lids in the detention room after arrest, even though he/she was sentenced to both punishment once a fine is imposed, and once a suspended sentence of imprisonment is imposed, and even when he/she was sentenced to both punishment, he/she continued to commit a crime.

However, the defendant is expected to be actively treated in the future through investigation, consultation, examination, etc. before the judgment of this case, and consultation, etc. in the course of attracting appraisal.

The punishment shall be determined as ordered in consideration of the fact that the damaged part of public goods has been compensated for damage, the fact that there is an old part to support the defendant, etc.

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