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(영문) 인천지방법원 2020.10.23 2020고단7076
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 14, 2019, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the Incheon District Court, and completed the execution of the sentence in the Daejeon Prison on April 20, 2020.

【Criminal Facts】

No person shall take in or inhale any chemical substance prescribed by the Enforcement Decree of the Chemicals Control Act (hereinafter referred to as "hic substance"), which causes entertainment, hallucination, or anesthesia, or possess any substance for such purpose.

1. Around 02:30 on August 6, 2020, the Defendant inhaled five butane gases, which are hallucinogenic substances, by inserting the injecting of portable butane gases, purchased at a nearby convenience store in Yeonsu-gu Incheon Metropolitan City Burc, and taking them into the entrance.

2. Around 03:00 on August 6, 2020, the Defendant inhaled one fluorh gas, which is a hallucinogenic substance, by inserting the injection of a portable butane gas purchased at a nearby convenience store E in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, the list of seizure and photographs;

1. Previous convictions in judgment: Inquiry reports, current status of personal confinement, application of court rulings, and statutes;

1. Relevant laws concerning criminal facts, the choice of punishment, and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act, and the choice of imprisonment;

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

1. Of concurrent offenders, there are many records that defendants with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act had been punished for the same kind of crime, and recidivism was committed during the same repeated crime period.

However, the sentence shall be determined as ordered in consideration of all the circumstances such as the fact that all of the crimes are recognized and reflected, the circumstances leading to the crimes, and the age, environment, and circumstances after the crimes.

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