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(영문) 수원지방법원 안산지원 2017.05.17 2017고단736
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to a suspended sentence of 8 months for the violation of the Chemicals Control Act in the support for the development of a veterinary place method, and was sentenced to a suspended sentence of 2 years for the violation of the Chemicals Control Act. On February 1, 2017, the Defendant is still under a suspended sentence of 2017.

No person shall take in, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree which causes hallucation or anesthesia.

1. On February 1, 2017, the Defendant, at the Defendant’s house located in Gwangju-si, Da apartment, 212 Dong 908, 212 Dong 908, put in a knife in a knife plastic paper (knife coke) which is a hallucinogenic substance, in a flife plastic paper, crokes and inhales them for about 30 minutes in a vinyl.

2. On February 20, 2017, at the places indicated in paragraph (1) around February 20, the Defendant: (a) put an industrial key containing Toluene, a hallucinogenic substance, into a vinyl paper; and (b) inhaled the entry and coin for about 30 minutes in a vinyl paper.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the result of appraisal;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the suspension of execution of the same kind of punishment);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 of the same Act concerning facts constituting a crime. Article 59 (Selection of Imprisonment with Labor);

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code that concurrent crimes shall be aggravated (it shall be taken into account that there are five identical criminal records, such as a criminal record, in the judgment of the defendant, and that the same crime is committed twice within a short time after having been sentenced, and that suspension of execution becomes null and void) or more.

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