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(영문) 수원지방법원 2017.11.16 2017고단6476
화학물질관리법위반(환각물질흡입)등
Text

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

Reasons

Punishment of the crime

On July 30, 2015, the Defendant was sentenced to one year and six months in the Seoul Central District Court on the violation of the Chemicals Control Act, and completed the execution of the sentence on November 20, 2016.

1. On September 26, 2017, at around 12:50 on September 26, 2017, the Defendant: (a) discovered a place to inhale butane gas in the E building managed by the victim D; (b) opened the 6th floor of the above E building, and then opened it to the knife in hand, and inhales hallucinogenic substances in a manner of melting the knife of a fuel.

Accordingly, the defendant intruded into a structure managed by the injured person, and inhaled hallucinogenic substances.

2. The Defendant, at around 13:30 on the same day, found a place to inhale butane gas to the H church managed by the victim G in Young-gu, Suwon-si, and 13:30 on the same day, she inhaled 7 but was in possession of hallucinogenic substances, such as "salking Sick fuel," which was purchased in advance after entering the second floor warehouse of the above church, in the same manner as the above 1.

Accordingly, the defendant intruded into a structure managed by the injured person, and inhaled hallucinogenic substances.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Each photograph;

1. Receipts:

1. A photograph of each CCTV course;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (related previous convictions, such as a repeated offense) Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) (the inhaled points of hallucinogenic substances) of the Chemicals Control Act, Article 319 (1) of the Criminal Act (the points of intrusion into buildings) and the choice of imprisonment, respectively;

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

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The same period of punishment has reached 14 times, and the circumstances favorable to the fact that a person again commits a crime during the period of repeated crimes, as stated in its reasoning: The fact that his mistake is recognized and reflected.

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