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(영문) 창원지방법원 2015.05.13 2015고단741
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to eight months in the Changwon District Court for the violation of the Toxic Chemicals Control Act, and completed the execution of the sentence in the Changwon Prison on May 28, 2014.

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

Nevertheless, around 07:15 on March 28, 2015, the Defendant: (a) opened a lid of “Snishing” butane gas 1 unit, which is a hallucinogenic substance, that was purchased in advance at a remote city apartment 105 front roads of the 105-dong, Gannam-si, Kim Jong-si; (b) opened a lid of “Snishing fuel” and inhaled the earth part as soon as possible; and (c) inhaled gas in a way of mash.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Reports on internal investigation, reports on investigation (with respect to the details of reports filed by reporters), investigation reports (attached to photographs of carbon gas that has been seized);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the same Act and the selection of imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act not only has been punished several times for the same kind of crime, but also commits the crime of this case during the period of repeated crime, the liability for the crime of this case shall not be mitigated.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant is against his/her own mistake and all other conditions of sentencing, such as the age, character and conduct, environment, etc. of the defendant.

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