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(영문) 의정부지방법원 2020.01.10 2019고단5198
화학물질관리법위반(환각물질흡입)
Text

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

Attached No. 1 ( Vinyl chlorides) and No. 2 (S.) shall be confiscated.

Reasons

Punishment of the crime

On April 5, 2019, the Defendant was sentenced to six months of imprisonment with labor for violation of the Chemicals Control Act at the District District Court on April 5, 2019, and completed the execution of the sentence in the medical prison on August 2, 2019.

1. On September 11, 2019, the Defendant inhaled, in front of the entrance of C in Gyeonggi-si, the Government of Gyeonggi-si, the Defendant, at around September 11, 2019:25, a manager containing hallucinogenic substances “Toluene” at the entrance of vinyl wings, in a manner of pressinging and hiding them at the entrance of vinyl wings.

2. On November 9, 2019, the Defendant, at around 09:20 on November 9, 2019, inhaled, in front of the latter Ethical world located in Gyeonggi-gun, Gyeonggi-do, Ethically, he was breathing to the entrance of a vinyl container, containing a burner containing “Toluene” into a vinyl paper, and duplicating it.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each protocol of seizure;

1. A written appraisal of each hallucinogenic substance;

1. Previous convictions in judgment: Application of criminal records, investigation reports ( current status of confinement of suspects, court rulings, etc.);

1. Article 59 subparagraph 6 of the Chemicals Control Act and Article 22 (1) of the same Act and the selection of punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

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

(a) First crime (Violation of the Chemicals Control Act (Determination of Types) [A] Medication, simple possession, etc. of hallucinogenic substances (Type I] - Hic substances (special scinant] - Aggravated element: The area of aggravation of the same criminal record (not less than three years of suspension of execution) [the area of recommendation and the scope of recommendation] , the area of aggravation of punishment, imprisonment for eight to one year [the general person] ;

(b) Class 2 crime (Violation of the Chemicals Control Act) [Determination of Types]. Medication, simple possession, etc. (Type 1] hallucinogenic substances (special scinant), hallucinogenic substances (special scinant): The same kind of crime and three years.

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