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(영문) 서울북부지방법원 2020.08.12 2020고단1583
화학물질관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination, or anesthesia, or possess them for this purpose.

Nevertheless, at around 07:55 on March 25, 2020 and around 07:55 on “C” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the Defendant injected hallucinogenic substances into the plastic paper in a plastic paper, and then inhaled the Defendant’s entry into the plastic paper in a plastic paper and cocoin in a plastic paper.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing requests for expert appraisal of the defendant's legal statement;

1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment of this case is determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, etc., and the execution thereof shall be suspended, and probation and medical treatment orders shall be issued, even though there are several times of records of punishment for the reason of sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody Act, which have been punished due to the inhalement of hallucinogenic substances. Since around 2012, there is no record of punishment, the defendant has led to confession and reflect against himself/herself, and the defendant is suffering from addiction treatment.

In addition, since the defendant is treated with medical treatment and it is judged that sufficient period for the defendant to cease hallucinogenic substances is necessary, the suspension of execution and probation period shall be three years.

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