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(영문) 수원지방법원 평택지원 2017.12.13 2017고단2096
화학물질관리법위반(환각물질흡입)
Text

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

Nices for seized teaching materials (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Chemicals Control Act in the Seoul Southern District Court on May 12, 2016 and completed the enforcement of the sentence in a wooden prison on August 7, 2017, and committed the following crimes in a state that the Defendant lacks the ability to make decisions due to the existence of substances and other mental illness:

On October 26, 2017, from around 13:53 on October 27, 2017 to around 13:53 of the same month, the Defendant added DNA 701, which was located in Ansan C, to a vinyl 20 bottles for teaching materials containing Toluene, a hallucinogenic substance, into a plastic paper, and inhaled them by putting them into a vinyl at the entrance of a plastic paper.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Certificates of hallucinogenic substances;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Previous convictions: Inquiries about criminal history, reporting criminal investigations (Attachment to previous convictions, etc. for repeated crimes), and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act concerning the selection of punishment, and selection of imprisonment;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act (within the scope of the recommended sentencing criteria);

1. The basic area of the sentencing criteria (the scope of recommended punishment) for narcotics-related crimes (Medication No. 1): Six months to one year;

2. Although there are favorable circumstances such as recognizing the crime of sentencing, and making efforts to treat hallucinogenic substances, etc. to cease, in light of the fact that the Defendant committed the instant crime during the period of repeated crime for the same kind of crime and the Defendant committed the instant crime, a sentence of imprisonment with prison labor is inevitable.

The punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the proceedings of the pleading of this case, such as the age, sex, environment, and circumstances after the crime.

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