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(영문) 수원지방법원 안산지원 2017.01.20 2016고단4508
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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, inhale, or possess for this purpose any chemical substance prescribed by Presidential Decree which causes hallucation or anesthesia.

Nevertheless, on December 1, 2016, the Defendant, at the office of the Defendant’s apartment complex at the time of lighting around 15:30 on December 1, 2016, put an industrial principal dyp, which is a contact agent containing Toluene, a hallucinogenic substance, into a vinyl dyp, and inhaled the entry and coin for about 30 minutes in a vinyl dyp.

As such, the Defendant inhaled chemicals that cause a sense of decilation.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol and list of seizure;

1. Application of statutes on site photographs of the case

1. Article 59 of the relevant Act on criminal facts and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment (or choice of imprisonment);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act reflects his mistake during the period of unconvicted detention between 50 days and 50 days, and the last criminal conviction due to the same kind of crime was around 2009, and the defendant's age, sex, family environment, motive and circumstance of the crime, and other circumstances revealed in the arguments of this case, such as the defendant's age, sex, family environment, motive and circumstance before and after the crime, shall be determined as ordered by the Disposition.

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