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(영문) 의정부지방법원 2015.01.05 2014고단4256

유해화학물질관리법위반(환각물질흡입)

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

Seized evidence referred to in subparagraphs 1 and 3 shall be confiscated.

Reasons

Punishment of the crime

On August 26, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act, etc. at the Jung-gu District Court on August 26, 2014, and completed the execution of the sentence on November 9, 2014.

No person shall inhale a toxic chemical substance which causes entertainment, hallucination, or anesthesia.

Nevertheless, at around 11:30 on November 20, 2014, the Defendant, at the parking lots located in Gyeonggi-si, the Government of Gyeonggi-si, put 11:30, a swine tag 30g, an industrial contact agents containing Toluene, which are hallucinogenic substances purchased in advance at the pre-fluence point, in a plastic sealing container and inhales it over 15 minutes by taking them into a plastic sealing container at the entrance of the said vinyl paper.

Accordingly, the defendant inhales Toluene, which is a hazardous chemical.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Previous records indicated in the judgment: Application of the suspect interrogation protocol, criminal records, investigation report (former and previous records) to the accused by the prosecution;

1. Article 58 of the relevant Act on criminal facts, the selection of punishment, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act, and the selection of imprisonment;

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

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act (amended by Act No. 48(1) [Scope of Recommendation] medication, simple possession, etc. (Type 1 (Hicic Substances) [Article 8(1) of the Confiscation Criminal Act] (Article 48(1) of the Aggravated Punishment (Article 48-1) of the Aggravated Punishment (Article 8-1 and 6) of the Aggravated Punishment (Article 3 of the Aggravated Punishment) of the Aggravated Punishment (Article 8 of the Aggravated Punishment) [Article 48 of the Aggravated Punishment) of the Aggravated Punishment (Article 8 of the Aggravated Punishment) of the Aggravated Punishment Act] of the Aggravated Punishment (Article 48 of the Aggravated Punishment) of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment