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(영문) 광주지방법원 순천지원 2014.07.03 2014고합98

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On September 24, 2013, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") have been sentenced to six months of imprisonment for a crime of violation of the Toxic Chemicals Control Act in the Mancheon Branch of the Gwangju District Court on September 24, 2013, and the same criminal records are seven times more in addition to the completion of the execution of the sentence.

【Criminal Facts】

1. At around 18:20 on March 27, 2014, the Defendant inhaled hallucinogenic substances in front of the D Farming Association located in Jeonsung-gun, Jeonsung-gun, in a manner that scambroke, containing hallucinogenic substances, was placed in a vinyl paper, and then scambling them into the input machine in a scambin.

2. At around 12:30 on May 21, 2014, the Defendant inhaled hallucinogenic substances by inserting in a 11st room of Fulin E, which is in front of the Republic of Korea, the Defendant, in a conspiracy to a vinyl fluor, containing a hallucinogenic substance, into a vinyl fluor, and then taking them into the fluoric substance into the fluor.

[Facts of the cause of medical treatment and custody] The defendant is a person who has or is addicted to inhales substances that are likely to be abused or harmful and has committed the instant crime corresponding to imprisonment without prison labor or more severe punishment, and needs to receive medical treatment at the medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

Defendant’s legal statement

Before each on-site evidence and photograph of each on-site written reply to a request for appraisal of each police seizure protocol: In light of the fact that there was a history of being punished eight times as a crime of violation of the Toxic Chemicals Control Act, such as the record of the crime in its holding, and that the same type of crime was committed again at least six days after the release, the relevant Article of the Act and Articles 58 subparag. 3 and 43(1) of the Poisonous Chemicals Control Act, which are applicable to the crime of habituality, necessity of treatment, and risk of recidivism, are aggravated for repeated crimes under Article 35 of the Criminal Act.