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(영문) 인천지방법원 2013.06.19 2012고단11540

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall inhale toxic chemicals which cause interest, hallucination, or anesthesia.

On November 22, 2012, the Defendant inhaled toxic chemicals at the entrance of a vinyl paper to be breath and breath on November 22, 2012, 2012, following the building in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by inserting one fluort fluor, containing Toluene, into a vinyl paper, and then breathizing them at the entrance of a vinyl paper.

around 23:10 on December 28, 2012, the Defendant injected toxic chemicals at the entrance of the relevant plastic paper by inserting one toluccoke, which is a hallucinogenic substance, into a spinyl chloride, in front of the 127 D apartment in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

Summary of Evidence

"2012 Highest 11540"

1. Defendant's legal statement;

1. Records of seizure, list of seizure, and field photographs;

1. Visits to the request for appraisal, hallucinogenic substances appraisal statement "2013 Highest 391"; and

1. Defendant's legal statement;

1. Records of seizure, list of seizure, and field photographs;

1. A written statement of E and F;

1. Application of Acts and subordinate statutes to an appraisal report of hallucinogenic substances;

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a probation and community service order shall be sentenced to a suspended sentence, taking into account the following: (a) the Defendant: (b) made a confession of the instant crime and committed the instant crime; (c) there was no record of having been sentenced to the same kind of crime or a suspended sentence or heavier punishment; and (d) the Defendant’s age, environment, etc.; and (c) probation, etc.

It is so decided as per Disposition for the above reasons.