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(영문) 대전지방법원 2017.09.26 2017고단2990
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 (incinyl chloride finite finites) shall be confiscated.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to one year and six months in the Daejeon District Court for the violation of the Chemicals Control Act, and completed the execution of the sentence in the Red Prison on July 15, 2017.

Criminal facts

No person shall inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia.

1. The Defendant, from around 12:30 on July 15, 2017 to around 13:05 on the same day, placed in the Defendant’s dwelling room located in Daejeon Dong-gu, Daejeon, an industrial cocoke, containing hallucinogenic substances, in a color vinyl paper, and inhaled them by hanging the ccoke at the entrance of the sealed paper by hanging the ccoke at the bar.

2. On the same day as in the preceding paragraph, the Defendant inhaled an industrial coke in front of Daejeon Daejeon-gu, Daejeon-gu, in the manner as in the preceding paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each response to a request for appraisal;

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

1. Sinyl chlorideyl chloride;

1. Previous records: The results of inquiry, investigation reports (Attachment of the same record as the suspect's judgment), and application of Acts and subordinate statutes to the personal confinement status;

1. Article 59 subparagraph 6 of the relevant Act concerning facts constituting a crime and Article 22 (1) of the Chemicals Control Act that selects a punishment (or choice of imprisonment);

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where he/she is a habitual offender of the same type of special aggravated area (from August to February to March) (in cases of special aggravated persons), the special aggravated area (from August to February) of the Supreme Court's sentencing criteria, including medication, simple possession, etc. / He/she has the same criminal record and previous criminal record (not less than three years of suspended execution);

2. The defendant's criminal records on criminal punishment for the same kind of crime are several times (including five times of the medical care and custody system, but the defendant presented his opinion on the medical care and custody at an investigative agency in relation to this case, but he responded that the medical care and custody disposition is unnecessary).

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