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(영문) 인천지방법원 2020.04.29 2019고단9295
화학물질관리법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 26, 2019, the Defendant, at the Defendant’s residence in Michuhol-gu, Incheon, put a disease of “The Home Starn”, which contains a “Toluene” component purchased from a word store in the vicinity of the water spoke basin, into a spoke-in plastic paper, and inhales hallucinogenic substances by hanging them at the entrance of the plastic paper.

2. On June 1, 2019, at the same place, the Defendant inhaled a nice containing a “Toluene” content, a hallucinogenic substance, in the said manner.

3. On August 26, 2019, the Defendant inhaled to the Toluene, “Toluene” a hallucinogenic substance, at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal, such as reports on occurrence of each case (violation of the Toxic Chemicals Control Act), notification to the department related to the report of 112 cases, field photographs, sludge photographs, internal history photographs, sludges, field photographs, and visits from the site;

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act and the selection of punishment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommendations according to the sentencing guidelines: From six months to one year (decision of type): 01. Medication, simple possession, etc. (Type 1), the basic area of hallucinogenic substances (the scope of recommendations and recommendations) and six months to one year.

3. Determination of sentence: Determination of sentence as ordered within the scope of sentencing criteria, taking into account six months of imprisonment, two years of suspended sentence and the conditions of sentencing under Article 51 of the Criminal Act;

- Even though having been sentenced to criminal punishment for the same crime, he/she has committed another crime.

- There has been no history of punishment for the last ten years.

- If the mother is gathered and the defendant is detained, it seems that the dependent will be faced with excessive difficulties.

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