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(영문) 인천지방법원 2016.10.14 2016고단5820
화학물질관리법위반(환각물질흡입)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall take, inhale, or possess for this purpose any chemical substance that causes entertainment, hallucination, or anesthesia.

Nevertheless, at around 22:00 on August 11, 2016, the Defendant injected hallucinogenic substances by inserting two 140 occines in Yeonsu-gu Incheon Metropolitan City B, and 140 occins containing lusiums that may cause lusium action, and inserting two occins in vinyl flusiums.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Certificates of hallucinogenic substances;

1. Application of statutes on site photographs;

1. Article 59 of the Chemicals Control Act and subparagraph 6 of Article 59 of the Selection of Punishment for Criminal Crimes and Article 22 (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the circumstances that the Defendant was sentenced to a suspended sentence due to the same type of crime under Article 334(1) of the Criminal Procedure Act, and that the Defendant committed the instant crime even during the suspended sentence period after being sentenced to six months of the suspended sentence due to fraud, etc., the necessity of strict punishment is recognized. However, considering the fact that the Defendant is recognized as both the Defendant and the Defendant is not subject to further medical treatment in the future, the sentence is determined as per the order.

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