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(영문) 창원지방법원 2016.05.19 2016고단983
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

Four butane gas seized (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal history] On April 12, 2013, the Defendant was sentenced to one year and six months of imprisonment, and medical care and custody on August 19, 2014, for the violation of the Chemicals Control Act in the Incheon District Court’s Branch.

[2] On March 6, 2016, the Defendant 1:3:3. 4:10, and around 501, 198, 198, 2008, 2008, 2000 Gao-gu Hao-gu Hao-gu Hao-gu Hao-gu Hao-gu Hao-gu Hao-si: (a) the Defendant inhaled Huo-gas, which is

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site photographing photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (including reports on the date of release from office, personal identification and data attached to the status of confinement), investigation reports (including attachment of such criminal records and accompanying data);

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 Confiscation Criminal Act [the scope of recommendations] : medication, simple possession, etc.; first type of punishment [the person subject to special aggravated punishment] / [the person subject to suspended sentence for not more than three years] / the defendant was sentenced to imprisonment for not less than one year and six months at the Changwon District Court on April 7, 2016, and for a crime of violation of the Chemicals Control Act (Injecting hallucinogenic Substances) at the Changwon District Court on April 7, 2016, and currently in the appellate trial, the defendant was sentenced to imprisonment for not less than one year and six months; however, in the present appellate trial, the punishment he/she would have received if the crime of this case was tried together with the above judgment, and shall be determined by the order, after considering the punishment he/she exceeded the lowest limit of the recommended sentence on the sentencing guidelines.

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