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(영문) 의정부지방법원 2018.05.17 2018고단842
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 14, 2018, the Defendant 2018 Godan 842, the Defendant placed a scinant car containing Toluene, which is a hallucinogenic substance, in front of the C elementary school located in Gui-si, Gui Government around 13:00, in vinyl 14, 2018.

After that, the Defendant inhaled hallucinogenic substances at the entrance of the given vinyl paper by means of scaming and hiding them.

The Defendant, at around 17:45 on April 7, 2018, 2018, put a scinant car containing Toluene, which is a hallucinogenic substance, in front of the C elementary school in the city of Jung-si, the Defendant 1478 of 2018.

After that, the Defendant inhaled hallucinogenic substances at the entrance of the given vinyl paper by means of scaming and hiding them.

Summary of Evidence

"2018 Highest 842"

1. Statement by the defendant in court;

1. Investigation report (case, etc. for the receipt of a report);

1. A report on internal investigation (related to the body of suspects);

1. Investigation report (a photographic picture of a certified vinyl, the body of which inhales the main body of which is taken);

1. Investigation report (to have telephone conversations for witnesses (persons with the potential));

1. Investigation report (in response to a request for appraisal - the legal toxic chemicals of the National Scientific Investigation Institute), and report on the results of appraisal “2018 Highest 1478”;

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on investigation;

1. Internal photographs of seized vinyl paper;

1. A report on investigation (a report on a car used by the person under investigation);

1. Materials concerning the safety and health of substances;

1. Application of statutes to the written appraisal of hallucinogenic substances;

1. Article 59 subparagraph 6 of the relevant Act concerning facts constituting a crime and Article 22 (1) of the Chemicals Control Act that selects a punishment (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Violation of the Chemicals Control Act (a) : One type (a) (Determination on the sphere of recommendation ] basic area (determination on the sphere of recommendation / Scope of recommendation / six months / one year) of the narcotics medication, simple possession, etc.;

(b) the range of recommended sentence according to the standards for handling multiple crimes:

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