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(영문) 의정부지방법원 2014.08.26 2014고단2272

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

One plastic paper (No. 1) seized vinyl paper (No. 6, 2014) and inhales it.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months and medical treatment and custody for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on September 14, 201, and completed the execution of the sentence on January 19, 2014.

【Criminal Facts】

No person shall take in, inhale, or possess for this purpose any hazardous chemical substance that causes smoking, hallucing, or anesthesia.

Nevertheless, around 21:40 on May 6, 2014, the Defendant: (a) purchased in advance on the roads prior to the Government of the Republic of Korea, and then injected about 10 minutes by inserting a 150-gram of “topcoke”, an industrial main ingredient of hallucinogenic substances, which contains luene, into a vinyl paper; and (b) putting it into a vinyl paper, and then sprink it into a vinyl and sprink.

At around 10:00 on May 9, 2014, the Defendant continued to put two 15 minutes of “topcoke”, which was purchased in advance in the mountainous districts, etc. adjacent to the Sin Government-si D, into a vinyl paper, and inhaled about 15 minutes in the aforesaid manner.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Responses to requests for appraisal with each country, requests for appraisal and response documents with each country;

1. All on-site photographs;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Article 58 of the relevant Act on criminal facts, the selection of punishment, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act, and the selection of imprisonment;

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is recognized to be a small amount of ingredients of Toluene contained in the snived body of the defendant, but there are many criminal records for the defendant, and the crime of this case is the crime of repeated crime due to the same kind of crime, and the first inhaled body of the defendant.