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(영문) 수원지방법원 2018.08.17 2017노8844
화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

The motion for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. At the time of each of the instant crimes, the Defendant had a mental and physical weak state due to the increase in dependence on the exchange system.

2. According to the evidence duly adopted and examined by the court below, it appears that the defendant had been treated as the sacrific safic safic safic safic safic safic safic safic safic safic safic safic safic safic safic sa

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

【Judgment on Application for Adjudication on unconstitutionality of Law】

1. Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won:

6. Any person who takes in or inhales hallucinogenic substances, possesses them for such purposes, or sells or provides them to a person who intends to take in or inhale hallucinogenic substances, knowing such fact, in violation of Article 22;

2. Article 59 Subparag. 6 of the Chemicals Control Act (hereinafter “the instant legal provision”), which is the main text of the Defendant’s assertion, violates the principle of equality, and goes against the State’s duty to protect national health (Article 36(3) of the Constitution).

3. In full view of the following, the legal provisions of this case provide hospital treatment benefits in accordance with the relevant Acts and subordinate statutes to persons addicted to chemical abuse and prevent abuse by strictly restricting the distribution of the said benefits, etc., when comprehensively taking into account the risk of leaving other crimes in the sense of sense due to the use of the judged chemical, the current situation at the time of the legislation, the general sense of values or legal sentiment of the people, the actual condition of crimes, the quality and legal interests of the people, and the effect of preventing

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