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(영문) 대전지방법원 2018.11.14 2018고단3233
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall take in or inhale a chemical substance that causes entertainment, hallucination, or anesthesia (hereinafter referred to as "hic substance"), or possess it for such purposes.

1. On March 23, 2018, the Defendant inhaled hallucinogenic substances at the Defendant’s residence located in Daejeon-dong, Daejeon-dong, Daejeon-dong, 507 Dong-dong 611, by inserting sludge containing TolueneN into a vinyl wing place, and inserting coin at the entrance of a vinyl wing place.

2. At around 02:00 on August 6, 2018, the Defendant inhaled, in the above Defendant’s residence, a sludge containing hallucinogenic substances in the same manner as the foregoing paragraph (1).

3. At around 02:00 on August 10, 2018, the Defendant inhaled nitros containing hallucinogenic substances, using the same method as the foregoing paragraph 1, at the Defendant’s residence.

4. On August 14, 2018, at around 04:00, the Defendant inhaled niene containing hallucinogenic substances in the same manner as the foregoing paragraph (1) at the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to police seizure records, photographs of seized articles, and investigation reports (as a result of the request for appraisal, submission of the scene photographs of the case and photographs of reference witnesses, and verification of the place of purchase of suspect statements);

1. Article 59 subparagraph 6 of the Chemicals Management Act and Article 22 (1) of the same Act concerning facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44-2 of the Act on the Medical Treatment, Custody, etc. of Medical Treatment;

1. The basic area (from June to one year) of the sentencing criteria (the scope of recommended punishment) (the basic area (the period from June to one year) for medication, simple possession, etc.;

2. It is disadvantageous that the Defendant again committed the instant crime even though he/she was punished several times, including punishment for the same kind of crime, or under medical care and custody.

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