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(영문) 의정부지방법원 2013.08.08 2013고단2004

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on September 27, 2012, and completed the execution of the sentence on June 20, 2013.

From June 28, 2013 to around 09:00 on June 28, 2013 to around 17:00, the Defendant put three industrial principal 150g ocoke, which contains hallucinogenic substances, in the benda, the Defendant 101-dong 303 of the building C in the benda of the residence of the Defendant, Namyang-si, the Defendant 101-dong 303, and dyped with the entrance of the Defendant.

Accordingly, the defendant inhaled hallucinogenic substances.

Summary of Evidence

1. Statement by the defendant in court;

1. Defendant’s photograph;

1. A written request for appraisal;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to criminal records, investigation reports (written judgments, and binding records, such as personal identification and confinement status);

1. Article 58 of the relevant Act concerning facts constituting an offense and subparagraph 3 of Article 58 of the Poisonous Chemicals Selection Control Act and Articles 43 (1) of the same Act;

1. Along with the favorable circumstances, such as Article 35 of the Criminal Act (i.e., the prior conviction) that the defendant had a strong intention to not repeat the crime, and that the defendant had been punished several times for the same crime. Moreover, the crime of this case was committed once again after the release, and it did not go through more than once, and the crime of this case was committed again again after the release, taking into account the unfavorable circumstances, such as the defendant’s age, environment, and circumstances revealed in the arguments, such as the crime committed again, the sentence like the order was determined.