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(영문) 수원지방법원 2013.09.16 2013고합522

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

One (No. 1) (No. 1), test color, which has been seized butane gas (trademark name): Sick fuel).

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") have been sentenced to the violation of the Toxic Chemicals Control Act at the Suwon District Court, and on December 22, 2003, to the imprisonment of two years of suspension of execution, May 14, 2004, to the imprisonment of ten months of July 7, 2005, to the imprisonment of one year of November 8, 2006, to the imprisonment of one year of September 30, 2009, to the medical treatment and custody of one year of September 30, 2009, to the imprisonment of ten months of October, 201, and to the execution of the last sentence at the North Korean Northern District Court on July 5, 2013. < Amended by Act No. 11904, Oct. 20, 2010; Act No. 11902, Aug. 8, 2012>

No one may inhale toxic chemicals that cause smoking, hallucation, or anesthesia, but the defendant, at around 01:0 on August 2, 2013, in the defendant's house located in Suwon-si C 301, in the sphere of Suwon-si, and injects them into a vinyl-type, one of hallucinogenic gas emissions, which is hallucinogenic substances, into a vinyl-type, and inhales them into the entrance of the vinyl-type.

As above, the Defendant is a person who has a habition to inhale substances that may be abused or harmful as above and commits a crime that constitutes imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at a medical treatment and custody facility and has the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (the previous records of suspects, related judgments and confinement status);

1. Necessity of treatment as indicated in the judgment and risk of recidivism: The defendant may have a criminal record for the same kind of offense as indicated in the judgment of the court, and the defendant again commits the instant offense since one month has not passed since the execution of the final sentence was completed, etc. In addition, considering the defendant's age, character, conduct, environment, etc., the defendant is likely to repeat a crime and the necessity of treatment at the medical treatment and custody facility is also recognized.

1. Article 58 of the Act applicable to facts constituting an offense, and Articles 58 subparagraph 3 and 43 of the Poisonous Chemicals Control Act that choose punishment;