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(영문) 의정부지방법원 고양지원 2019.06.20 2019고단1266
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall take in, inhale, or possess for this purpose a Toluene which is a chemical that causes entertainment, hallucation, or anesthesia.

1. On May 11, 2019, the Defendant, within the territory of 22:10 on May 11, 2019, 2019, contained in the building C, and in the scam frame containing the scam content of hallucinogenic substances, scam and dice at the entrance of the sanitary envelope, after spreading three times into the sanitary envelope.

2. Crimes on May 13, 2019;

A. At around 04:00 on May 13, 2019, the Defendant d in E Park at the Sariju City, the Defendant d, by spraying one a copy of the sacle containing Toluene, which is a hallucinogenic substance, into a black vinyl, dump and dump dump at the entrance of the E Park.

B. On the same day, at around 09:00 on the same day, the Defendant continuously drawed a set of the scar frame containing Toluene, a hallucinogenic substance, into a test plastic paper, and drawed at the entrance of the Defendant.

Accordingly, the defendant inhaled chemicals that cause a congrative effect three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and I;

1. Application of each protocol of seizure and the list of seizure, photographs of seized articles (saman or vinyl), field photographs, scars and vinyl photographs, each request for appraisal, and application of each statute to the appraisal report of hallucinogenic substances;

1. Article 59 subparagraph 6 of the Act on the Management of Preliminary Substances and Article 22 (1) of the same Act, the selection of punishment for the crime, and the selection of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to four years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Violation of each Chemicals Control Act (Determination of Types): 6 months to 1 year; 1. Medication, simple possession, etc. of hallucinogenic substances (type 1)

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to ten months;

3. Determination of sentence: Imprisonment with prison labor for the defendant of six months shall be dated September 4, 2018.

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