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(영문) 서울동부지방법원 2013.04.04 2013고합31

유해화학물질관리법위반(환각물질흡입)

Text

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

In 2013, two Seoul East East District Prosecutors' Office, which was seized, are pressured in 2013.

Reasons

Criminal facts

On April 14, 201, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendants") are sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act, for one year and six months, and medical treatment and custody on August 30, 201, in the Sungwon District Court's Sungnam branch, and on August 30, 201, the records of punishment for the same crime are more than ten times in addition to the completion of the execution of the sentence in the Ansan prison.

At around 16:50 on January 21, 2013, the Defendant inhaled hallucinogenic substances by inserting two main dincokes containing hallucinogenic substances at the Defendant’s house located in Songpa-gu Seoul underground 1st floor 3, Songpa-gu, Seoul, in a vinyl paper, and inserting them several times at the entrance of a vinyl paper.

As above, the defendant needs to receive medical treatment at a medical treatment and custody facility and has a risk of recommitting a hallucinogenic substance, who has a habition that inhales hallucinogenic substances that are likely to be abused or harmful as above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (Hearing statements of suspects) and a criminal investigation report (statements of reporters);

1. An explanatory note;

1. Previous records of judgment: A inquiry report, such as criminal records, etc., report on the previous records of disposition, results of confirmation, and investigation report (Attachment to previous records of the same type, written judgments, etc.);

1. The habition of hallucinogenic substances, the necessity of treatment, and the risk of recidivism: The following circumstances recognized by the aforementioned evidence, namely, ① the Defendant was sentenced to imprisonment with labor for the same kind of crime from around 1991 to around 20 years prior to the instant crime, and in particular, even if he was sentenced to imprisonment with labor for more than three times after 206, the Defendant repeated the same crime; ② the Defendant was sentenced to medical treatment and custody at the Sungwon District Court Sungnam Branch branch on April 14, 201, with one year and six months after being sentenced to medical treatment and custody at a medical treatment and custody facility on August 30, 201, even if he/she received medical treatment and custody at the medical treatment and custody facility on April 14, 201.