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(영문) 대구지방법원 안동지원 2017.01.13 2016고단856
화학물질관리법위반(환각물질흡입)
Text

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

Reasons

Punishment of the crime

[Criminal history] On July 24, 2015, the Defendant was sentenced to one year to imprisonment for a violation of the Chemicals Control Act (injecting hallucinogenic substances) in the Daegu District Court’s support on July 24, 2015, and completed the execution of the said sentence in the Ansan Prison on June 2, 2016.

[Criminal facts] No person shall take in or inhale hallucinogenic substances which cause a hallucination or anesthesia, or possess them for this purpose.

On November 10, 2016, from around 08:00 to 21:00 of the same day, the Defendant inhaled 16 butane gas in total in a way of smoking by spraying the sealed gas as soon as possible, which is a hallucinogenic substance purchased at the nearby Scmarket in Ansan City from around 08:0 to around 21:00 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation, photographs, and each investigation report;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to search data of prisoners);

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. Circumstances unfavorable to the reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes: The amount of carbon gases inhaled by the defendant is equivalent to the amount of such gases, the crime of this case is committed again during the period of repeated crimes, the same criminal history is high, and circumstances favorable to the fact that the risk of recidivism is high: The defendant recognizes the crime of this case;

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