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(영문) 울산지방법원 2012.11.02 2012고단2938

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of 2 months for the violation of the Toxic Chemicals Control Act at the Ulsan District Court on December 23, 2008, and was sentenced to 10 months in imprisonment with labor at the Ulsan District Court on March 31, 2009 and the said suspended sentence was invalidated due to the final judgment on April 8, 2009, and on June 1, 2010, the execution of each of the above suspended sentence was completed.

【Criminal Facts】

No person shall take in or inhale any hazardous chemical substance prescribed by Presidential Decree, which causes smoking, hallucing, or anesthesia (hereinafter referred to as "coverant substance").

Nevertheless, at around 18:30 on September 19, 2012, the Defendant, at the place of residence of the Defendant of Ulsan-gu C, Ulsan-gu, and around 10 minutes, she inhaled about 10 minutes by inserting both a “mack coke”, which is an industrial contact with Toluene, which is a combustible substance, at a bar located near the place of iron bars, in the coloring plastic paper.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Photographs of seized articles;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant laws concerning facts constituting an offense, Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the Selection of Imprisonment;

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the confession of the defendant, but the period of repeated crime committed the crime in this case during the repeated crime period and the fact that there are many records of punishment for the same kind of crime, and the various sentencing conditions, such as the defendant’s age, character, conduct, intelligence, environment, etc., as well as sentencing criteria, shall