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(영문) 대구지방법원 포항지원 2013.11.21 2013고단503

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2(TTY 1, 2013, 172).

Reasons

Punishment of the crime

[Criminal Power] On January 19, 2012, the Defendant was sentenced to 8 months of imprisonment for the violation of the Toxic Chemicals Control Act at the port branch of the Daegu District Court, and completed the execution of the sentence at the port prison on May 22, 2012.

[2013 Highest 503] At around 18:00 on May 27, 2013, the Defendant injected hallucinogenic substances for about 30 minutes by inserting three in plastic bags, an industrial toxic chemicals in which Toluene (150g) is contained, which were prepared in advance in the road of the Defendant’s naturally occurring amusement park located in the north-gu, Heung-gu, the North Korea at the port.

[2013 Height920] Around 13:50 on May 6, 2013, the Defendant parked a CK7 car in the “E parking lot” located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and then inhaled hallucinogenic substances at the entrance of a bar, by inserting an industrial stoke, containing hallucinogenic substances, into a plastic stoke, into a plastic stoke, and inserting a co at the entrance of a stoke.

Summary of Evidence

[2013 Highest 503]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Written consent to the collection of urines and written expert opinions [2013 Highest 920];

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Each protocol of seizure and the list of seizure;

1. Report on investigation (Attachment of photographs of seized articles by a suspect A), report on investigation (in relation to correction of location at the site), and report on investigation (in relation to field seized articles and photographs), and report on investigation;

1. Written consent to the collection of urines and written consent to the collection of urines and written consent for appraisal;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (date on which the term of punishment of a suspect expires and repeated crimes are confirmed);

1. Article 58 of the Toxic Chemicals Control Act and Articles 58 (1) 3 and 43 (1) of the same Act concerning criminal facts and the selection of punishment;

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

1. Confiscation Article 48 of the Criminal Act