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(영문) 대구지방법원 포항지원 2016.05.26 2016고단310

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized butane gas (niffed) four copies (No. 1) shall be confiscated.


Punishment of the crime

[criminal history] On April 9, 2015, the Defendant was sentenced to imprisonment for one year and a fine of three million won on February 3, 2016 with respect to a violation of the Toxic Chemicals Control Act in the Posting of the Daegu District Court (Sagu District Court).

[Criminal facts]

1. Around March 30, 2016, the Defendant infringed upon a structure by opening an entrance with the knowledge of an empty room in front of the house managed by the victim D in North Korea-gu at the port on March 30, 201, when he/she was found to have a place where he/she was living in a know-how without a specific residence, and carried the door into the building managed by the victim.

2. The Defendant, in violation of the Chemicals Control Act (snesting hallucinogenic substances), inhaled carbon gas, which is a hallucinogenic substance, in a manner of spraying, by mixing three brush gases purchased in advance at the time and place under paragraph (1) with a flusium, and saving them into a flusium, and saving them into a flusium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Police seizure records;

1. Investigation report (on-site conditions and accompanying photographs);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated crimes and attachment of the same criminal records);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion into a structure, the choice of imprisonment with labor), Article 59 subparagraph 6 of the Chemicals Control Act, and Article 22 (1) of the same Act (the point of inhaleing hallucinogenic substances, the choice of imprisonment with labor);

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

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in a violation of the Chemicals Control Act with heavier punishment);

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [the scope of recommendations] (the main crime), (the scope of punishment), (the main crime), the medication, simple possession, etc. of hallucinogenic substances (one year and six months of imprisonment from August to one year). [Special Aggravation] The defendant's previous conviction (the suspended sentence for not more than three years) (the decision of punishment for not more than three years) is replaced by the criminal defendant.