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(영문) 수원지방법원 여주지원 2013.07.12 2013고단504

유해화학물질관리법위반(환각물질흡입)

Text

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

Three butane gas (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Toxic Chemicals Control Act at the Seoul Eastern District Court, which became final and conclusive on November 10, 201, and is currently under suspended sentence.

At around 21:00 on May 30, 2013, the Defendant: (a) opened three plastics 520 mllmlllm of the “Sapan Fuel”, which is a hallucinogenic substance purchased at a nearby convenience store in front of Ischeon-si, Isncheon-si; (b) opened three mnmlml of the Defendant’s upper part and lower part of the macker, fixing the macker with the Defendant’s upper part, and (c) injected hallucinogenic substances in a way of drinking them into the cohn.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Arrest site and photographs of seized articles, and receipts to purchase butane gas;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification date of final judgment);

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

1. The sentence identical to the order shall be determined in consideration of the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act committed a second offense during the period of suspension of execution for the same kind of crime, in consideration of the fact that it is inevitable to sentence the defendant has committed a second offense. However, the defendant has a deep variety of errors and that there is possibility that the suspended imprisonment