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(영문) 서울남부지방법원 2013.05.29 2013고단1079

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On September 29, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act, etc. at the Daejeon District Court on September 29, 201, and completed the execution of the sentence on February 26, 2013.

On April 2, 2013, from around 16:00 to 17:00 of the same day, the Defendant inhaled the D Park public toilets located in Yeongdeungpo-gu Seoul Metropolitan Government, in a way that the Defendant put the 'tolcoke’, which is a hallucinogenic substance, into a white plastic paper, put the 'tolcoke' on a white plastic paper, put it into the cryp at the entrance of the wing paper, and inhales it.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An explanatory note;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (the same criminal records, such as repeated crimes of suspects)-related Acts and subordinate statutes;

1. Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Act on criminal facts;

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

1. It is so decided as per Disposition on the grounds that the reason for sentencing under Article 48(1)1 of the Criminal Act for the reason above is the same (aggravated Punishment) [Scope of Aggravated Punishment], among the medication of hallucinogenic substances in the narcotics crime group, the aggravated area of punishment, 8 months of imprisonment, 1 year and 6 months [Pronouncement Decision], the defendant has a large number of criminal records