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(영문) 청주지방법원 2017.06.28 2017고단817
화학물질관리법위반(환각물질흡입)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized butane gas (No. 2 and 3) shall be confiscated.

Reasons

Punishment of the crime

On November 28, 1997, the Defendant was sentenced to 15 years of imprisonment for robbery, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Toxic Chemicals Control Act (hesting of hallucinogenic substances) at the Cheongju District Court on November 28, 1997. On September 3, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Toxic Chemicals Control Act (hesting of hallucinogenic substances) and completed the execution of the sentence at the Cheongju District Court on August 4, 2015.

The Defendant, from around April 15, 2017 to around 15:50, from around 09:0 on April 15, 2017 to around 15:50, at his own house located in Jincheon-gun C building B, B, and 307, divided the shot gas (shot: shot fuel) of hallucinogenic substances into large knife, and 84g capacity from around April 3, 2017, by fasting the shot gas into large knife.

4. By up to 15:50 until 15:10, the total of 18 butane gases were inhaled.

Summary of Evidence

A previous conviction in response to a defendant's legal statement seizure protocol and list of seizure, photographs of seized evidence, and a reply to a request for appraisal: The application of a reply to inquiry, such as criminal history, and the application of the Act and subordinate statutes of the Criminal Report (the date of final release);

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;

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

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

4. The Defendant, on the grounds of sentencing under Article 48(1) of the Criminal Act, committed the same act and committed the same offense twice, but again again during the period of repeated crime, and thus, sentenced to the sentence.

However, the sentencing conditions, such as the defendant's age, sex behavior, environment, etc., are considered.

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