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(영문) 수원지방법원 평택지원 2016.09.21 2016고단1599
화학물질관리법위반(환각물질흡입)등
Text

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

As seized Nice 12 C (No. 1) and plastic bags (No. 2).

Reasons

Punishment of the crime

On January 7, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Toxic Chemicals Control Act in the support for Suwon Fachisoric acid, and was sentenced to a suspended sentence of 8 months for the same crime at the Daejeon District Court on October 2, 2014, and was sentenced to 8 months for the same crime at the Daejeon District Court on October 6, 2014, and the said sentence became final and conclusive on October 6, 2014, and completed the execution of the said suspended sentence on March 20, 2016.

1. No person shall take in or inhale hallucinogenic substances in violation of the Chemicals Control Act;

Nevertheless, on August 7, 2016, at around 19:00, the Defendant purchased 12 kys (100 ml) for the part of “The Home Star,” containing hallucinogenic ingredients, from the mutual influence points located in the Daejeon Pungdong District. On August 7, 2016, around 03:30 on August 8, 2016, the Defendant inhaled hallucinogenic substances by inserting them into the bar of the Defendant’s DK5 kys located in the front of the Gyeonggi Pak-si, which had 6 kys in advance, in the middle of vinyl for the main purpose in which the Defendant had nick 6 kys and inhales hallucinogenic substances by putting them into the bar of vinyl for the main purpose.

2. No driver of any motor vehicle in violation of traffic Acts shall drive any motor vehicle while he/she is unlikely to drive the motor vehicle normally due to influence of drugs;

Nevertheless, the Defendant driven a DK5 vehicle at the front of the city of Ansan in the time of the day indicated in paragraph 1, in a state where it is unlikely to drive the vehicle normally, such as dK5 vehicle in a state where the body and arms are far away from the body and the body of the body are flown by inhaleing sludge containing luene, which is a hallucinogenic substance, as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. E statements;

1. Certificates of hallucinogenic substances;

1. Police seizure records;

1. Each photograph (on the scene of crime, etc.);

1. Previous convictions: Inquiry into criminal history, reporting on investigation by the prosecution (report on confirmation of the expiration of the term of punishment), each judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Article 59 of the Chemicals Control Act concerning facts constituting a crime and Article 59 of the same Act concerning the selective punishment;

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