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(영문) 대전지방법원 서산지원 2015.02.26 2014고단1043
유해화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Toxic Chemicals Control Act in the Goyang Branch of the Jung-gu District Court for the crime of inhalement of hallucinogenic substances, and completed the execution of the sentence on March 19, 2014.

【Criminal Facts】

1. On November 11, 2014, the Defendant committed the crime from around 22:00 to around 24:00 on the same day, and 310 around November 20, 201, 200: (a) from around 22:0 to around 24:0 on the same day, 2 of the three ioncocs (150g) of the three ioncoke (150g) of the three ioncocs (150g) purchased in advance at the steel store near the said visvis, in a test finyl chloride, injected hallucinogenic substances by consecutively inserting them with nose.

2. On November 12, 2014, around 09:00 on November 12, 2014, the Defendant inhaled hallucinogenic substances by inserting one half of them into one toluene (150g) in a test color plastic paper, which is remaining after inhaled at the above Mona room. In addition, the Defendant inhaled hallucinogenic substances by inserting one toluene (150g) into one lucent plastic paper.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographss and seized objects of the control site;

1. Requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, results of prisoners' search, judgment, application of Acts and subordinate statutes to the status of personal identification;

1. Article 58 of the Toxic Chemicals Control Act and Articles 58 subparagraph 3 and 43 (1) of the same Act and the selection of imprisonment with prison labor for each crime;

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

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

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of Article 48(1) of the Confiscation Act: The scope of final sentencing following the aggravation of multiple criminal offenses for the category 1 (the scope of recommending punishment), medication, simple possession, etc. of the first category (the scope of recommending punishment), the aggravated area (the suspension of execution within 3 years) of the same previous offense (the scope of recommending punishment), and the second category (the suspension of execution within 3 years) of the same previous offense (the suspension of execution within 3 years), medication, simple possession, etc.

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