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(영문) 서울서부지방법원 2013.07.23 2013고단1195

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to a suspended sentence of five months at the Seoul Western District Court for a violation of the Toxic Chemicals Control Act, and on March 1, 2013, the said judgment became final and conclusive and is currently in the grace period.

No one may take in or inhale toxic chemicals that cause smoking, hallucation, or anesthesia, but the Defendant 1 from May 22, 2013 to around 14:40 on the same day. From around May 22, 2013, the Defendant 200 to around 14:40, in the Eunpyeong-gu Seoul Special Metropolitan City parking lot, 3 in the “toluck” main body (150g) containing hallucinogenic substances in a certified vinyl paper, and inhales toxic chemicals over about 20 minutes by inserting them into a nose and breathe at the entrance of the sealed paper.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. In light of the reason for sentencing under Article 48(1)1 of the Criminal Act, it is inevitable to sentence a sentence in a case where the defendant committed the instant crime during the period of probation for the same kind of crime;

However, in light of the fact that the defendant committed the crime of this case and misunderstandings, the defendant committed the crime of this case in the depression and uneasiness, and the family environment and age of the defendant, etc., the punishment as ordered shall be determined.