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(영문) 의정부지방법원 2014.05.26 2014고단1214

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 2 (No. 829 of pressure, 2014) shall be confiscated.

Reasons

Punishment of the crime

On March 18, 2013, the Defendant was sentenced to one year and two months for the violation of the Toxic Chemicals Control Act at the Seoul Southern District Court, and completed the execution of the sentence on April 2, 2014.

At around 11:50 on April 13, 2014, the Defendant 2014, “2014 Highest 1214, the Defendant inhaled the industrial swine 303 in Dongbcheon-si, Gyeonggi-do, in a method of inserting them in a string plastic paper in a string of plastic paper, which is a hallucinogenic substance.

After all, the defendant inhaled toxic chemicals that cause interest, hallucination, or anesthesia.

around 14:00 to 15:00 on April 7, 2014, the Defendant inhaled hallucinogenic substances by inserting test plastic bags (D-5250) as a hand in black plastic bags by inserting them into black plastic bags and concealing them.

Accordingly, the defendant inhaled toxic chemicals that cause interest, hallucination, or anesthesia.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each protocol of seizure;

1. All on-site photographs;

1. Previous records: Application of criminal records, probationary records, certificates of release, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions of facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act (the points of inhaleing hallucinogenic substances), and choice of imprisonment with prison labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1) of the Confiscation Criminal Act [Determination of Sentencing] : 1 (Special Sentencing) (Hicic Substances) - In the case of habitual offenders committing aggravated crimes, the decision of the recommended area / from August to 2 (the scope of recommendation area / In the case of general person ] 8 to 3 months (the general person / the general person / year / 10 years and less than 3 years of the same and 10 years.