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(영문) 서울남부지방법원 2015.10.02 2015고합199

화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One copy (No. 1) of the seized butane gas shall be confiscated.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody (criminal records) and the defendant and the requester for medical treatment and custody (hereinafter referred to as "defendants") were sentenced to imprisonment with prison labor for the violation of the Toxic Chemicals Control Act at the Incheon District Court on November 15, 2006, and one year and six months were sentenced to imprisonment with prison labor for the same crime at the Seoul Southern District Court on July 10, 2008, and one year was sentenced to imprisonment with prison labor for the same crime at the Seoul Southern District Court on November 28, 2013, and one year was sentenced to imprisonment with prison labor for the same crime at the Seoul East District Court on November 28, 2013 and were sentenced to the termination of the execution of the final sentence on October 2

【Criminal Facts】

No person shall take in or inhale hallucinogenic substances which cause smoking, hallucination or anesthesia, or possess them for this purpose.

1. On May 25, 2015, at around 19:00, the Defendant inhaled one part of butane gas for about one hour, using a method of drinking gas, by removing from the stairs of the third floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government, the part of the gas emission outlet, and spraying gas from the part of the gas emission outlet.

2. At around 19:00 of the same month, the Defendant inhaled one of the butane gases for about one hour at the above place.

3. At around 22:15 of the same month, the Defendant inhaled approximately 1/2 of 20 minutes of low fuel butane gas manufactured by the Sanananan Industry Corporation at the above place for about 20 minutes.

[Facts of the cause of medical treatment and custody] The defendant is a person who has a habit of inhaleing substances that are likely to be abused or harmful, and has committed the instant crime corresponding to imprisonment without prison labor or heavier punishment, needs to receive medical treatment at the medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (a evidence and image of a police officer called to the scene), and a report on investigation into hallucinogenic substances;

1. Seizure records;

1. Abane gas photograph;

1. Previous records: Criminal history records and other inquiry reports (A), investigation reports (verification of the period before and after release from the military court);

1. The need for the treatment in its holding;