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(영문) 대구지방법원 2016.03.25 2016고단529
화학물질관리법위반
Text

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

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Toxic Chemicals Control Act (smelting hallucinogenic substances) at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on February 25, 2015.

No person shall take in or inhale hallucinogenic substances prescribed by Presidential Decree, which cause smoking, hallucination, or anesthesia, or possess them for such purposes.

On February 3, 2016, at around 10:30, the Defendant parked the Defendant’s Category D Haystam in the warehouse of an abandoned farm located in Yongcheon-si, and then injected approximately KRW 60g of it in a vinyl paper prepared in advance to luene, which is a hallucinogenic substance, in the driver’s seat of the above vehicle, in a vinyl paper prepared to put about 160g of it into a plastic paper, and then inhales it into a vinyl paper to be fluord.

Summary of Evidence

1. Statement by the defendant in court;

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

1.Domestic history reports, on-site photographs, accompanying investigation reports (Article 2) (Article 2(1) of the Criminal Procedure Act shall be accompanied by pictures at the time of discovery of cokes (Article 2(1) of the Criminal Procedure Act), and Article 3(2) of the Criminal Procedure Act shall be accompanied by coke photographs, by a criminal investigation report (Attachment of Seized Articles), by attaching photographs of seized

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of results of search by prisoners);

1. Relevant Acts concerning facts constituting an offense, and Article 59 subparagraph 6 and Article 22 of the Chemicals Control Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] : medication, simple possession, etc. of Category 1 (Hic Substances) in the aggravated area (8 months to 1 year and 6 months) [the person subject to special aggravated punishment] in the same type of crime (the decision subject to suspended execution for not less than three years) [the decision subject to suspended execution for not more than three years] in the criminal defendant is divided.

However, the Defendant committed the instant crime during the period of repeated crime, even though the Defendant had been punished for the same kind of crime.

In addition, Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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