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(영문) 서울북부지방법원 2013.03.22 2013고합12

유해화학물질관리법위반(환각물질흡입)

Text

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

The seized soil coke (No. 1) shall be confiscated.

Reasons

Criminal facts

On May 6, 201, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") are sentenced to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Seoul Northern District Court on the grounds of May 6, 201, and one year and six months and medical treatment and custody. On September 8, 2012, the execution of the sentence has been completed in the original prison on September 8, 2012, and there is a habit that inhales substances that are likely to be abused or harmful to a person more than 11 times.

As such, the Defendant inhaled hallucinogenic substances from around 14:30 on November 23, 2012 to around 23:00 on the ground that they had weak capacity to discern things or make decisions, in the net common graveyard of the Republic of Korea located in the Macdong, Jung-gu, Seoul, Jung-gu, Seoul, by inserting Toluenek in the scopic plastic fluor, in a scopic paper, and by inserting them into the scopic fluor at the entrance of the scopic plastic fluor, and inserting them into the scopic paper.

Accordingly, the defendant needs to be treated at a medical treatment and custody facility by committing a similar crime even after being released from prison and medical treatment and custody, and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Request for appraisal or investigation report (states request for appraisal);

1. Previous convictions: Criminal records, investigation reports (former and attachment of the judgment), and Seoul Northern District Court Decision 201Gohap68;

1. As indicated in the judgment, the necessity of medical treatment, and the risk of recidivism: The following circumstances recognized by each of the above evidence and reports on the results of mental appraisal, i.e., the defendant has been subject to criminal punishment several times prior to the instant case for a violation of the Toxic Chemicals Control Act, and is subject to medical treatment and custody disposition four times among them, and ii) the defendant is sentenced to imprisonment for a violation of the Toxic Chemicals Control Act, for a period of one year and six months, and for a medical treatment and custody on September 8, 2012, and is only two months after the execution of the sentence is completed.