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(영문) 수원지방법원 안산지원 2018.11.15 2018고단3126
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 6, 2016, the Defendant was sentenced to one year and six months of imprisonment with labor for a violation of the Chemicals Control Act (hesting of hallucinogenic substances), etc. in the support of the Suwon Flag Flag, and completed the execution of the sentence on March 12, 2018.

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

Nevertheless, on July 22, 2018, the Defendant inhaled 80 out of 2-3 plastic bars prepared in advance for 2-3 forms of “snishing gas” purchased at a nearby convenience store in the Mour D, Ansan-si, Sinsan-si, Sinsan-si, and then inhaled 2-3 of “snishing gas” from that time until the 29th day of the same month, and inhaled 2-3 of “snishing gas” in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);

1. The punishment shall be determined by comprehensively taking into account all the circumstances shown in the record, including the following circumstances, for sentencing Article 35 of the Criminal Act for aggravated repeated crimes:

The favorable circumstances: Confession, reflectment (the defendant would be released from the military court after being treated.)

However, in this case where there is no prosecutor's medical care and custody request, and thus, it is not possible to order the medical care and custody order, so it is necessary to overcome the symptoms of addiction by itself during the period of the crime of repeated crime of the same kind.

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