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(영문) 서울북부지방법원 2017.03.29 2016고단5798
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 March 16, 2016, the Defendant was sentenced to 10 months of imprisonment for a crime of inhaleing hallucinogenic substances in violation of the Chemicals Control Act at the Seoul Northern District Court on March 16, 2016, and completed the execution of the sentence at the Mapo Prison on November 11, 2016.

On November 20, 2016, from around 20:40 to 20:50 on the same day, the Defendant inhaled hallucinogenic substances at the street around the D Park located in the Gangnam-gu Seoul Metropolitan Government (Seoul) by putting them into the hand a drinking water bar with an industrial luene containing luene ingredients, and then taking them into the hand at the entrance of the lupt, and then taking them into the crym by leaving the cryle at the entrance of the lupt.

Around 10:00 on February 18, 2017, the Defendant inhaled hallucinogenic substances by 2 liters at the apartment house in Gangnam-gu Seoul, Seoul, and at the Defendant’s room in 804, the main industrial dynasium containing lusent elements of hallucinogenic substances, and then inhales them at the entrance of the hynasium, and then inhales them at the entrance of the hynasium, at around 13:30 on February 19, 2017, and inhales the main industrial hynasium remaining after taking them into the above hynasium, using the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (in response to a request for appraisal);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (electric power of the same criminal suspect as the criminal suspect, etc.);

1. Article 59 subparagraph 6 of the relevant Act concerning facts constituting a crime and Article 22 (1) of the Chemicals Control Act that selects a punishment (or choice of imprisonment);

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

1. Crimes of the first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] Class 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment] and Article 50, and crimes of the first type (the period from August to January 6) in the aggravated area (the period from August to January 6) [the person specially subject to aggravated punishment] of the said Class B of the previous offense [the scope of recommended punishment] medication and simple possession, etc. of the aggravated area (the period from August to January 6) of the said category of the previous offense [the person subject to aggravated punishment] of the aggravated area (the special aggravated person] of the said category of the previous offense, and Article 3 of the Act on the Aggravated Punishment and Suspension of Execution within 3 years).

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