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(영문) 대전지방법원 천안지원 2017.11.29 2017고단2452
화학물질관리법위반(환각물질흡입)
Text

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

One plastic paper (Evidence No. 1) and one plastic paper (Evidence. 1) that has been seized.

Reasons

Punishment of the crime

[criminal history] On October 11, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Chemicals Control Act at the Suwon Fics Institute (Hicscisoric Substances), and completed the execution of the sentence at Andong Prison on October 16, 2017.

[Criminal facts] No person shall inhale hallucinogenic substances prescribed by Presidential Decree, among chemicals that cause entertainment, hallucination, or anesthesia.

Nevertheless, at around 16:00 on November 2, 2017, the Defendant injected hallucinogenic substances by inserting Toluene, which is a hallucinogenic substance prepared in advance, at the entrance of the plastic paper, in a building corridor located in Nam-gu, Namdong-gu, Namcheon-gu, Namcheon-gu, and by melting them at the entrance of the plastic paper, at approximately 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs photographs;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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 Criminal Act;

1. First category (Hic substances) in the aggravated area (from August to January 6) of the sentencing criteria (the scope of recommended punishment), medication, simple possession, etc. (the special aggravated area) (the period of suspension of execution of execution of not more than three years) and previous convictions of the same kind;

2. The Defendant who rendered a sentence recognizes his mistake.

However, the defendant has been sentenced to punishment for the same crime, and the crime has been repeated since it has not been repeated every time after the release.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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