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(영문) 의정부지방법원 2013.07.16 2013고단1884

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was sentenced to imprisonment for one year and six months with labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on June 2, 2011, and the judgment became final and conclusive on August 25, 201, and completed the execution of the sentence on November 1, 2012.

1. On May 2013, the Defendant 19:0 as of the end of May 2013, 2013: (a) injected toxic chemicals over two hours by inserting four main dincokes containing Toluene, which are hallucinogenic substances, into a plastic sealing container at the Namyang-si B-dong rooftop water tank storage; and (b) dining them into a plastic sealing container at the entrance of a vinyl paper.

2. On June 13, 2013, the Defendant, at the same place as Paragraph 1, around June 13, 2013, 2013, 23:10, 2013, injected toxic chemicals over a total of 30 minutes by inserting two main ocokes containing Toluenes, which are hallucinogenic substances, into a vinyl paper, and inserting them into the entrance of a vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. One copy of a written request for appraisal, and one copy of a written appraisal of hallucinogenic substances; and

1. Data concerning investigation reports (for the latest same kind of criminal records and attachment of judgments), and data concerning the number and confinement of each individual;

1. Application of statutes concerning criminal records;

1. Articles 58 subparagraph 3 and 43 (1) of the relevant Act and the Poisonous Chemicals Control Act (the point of inhaleing hallucinogenic substances and the choice of each imprisonment with labor) concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (i.e., criminal records before the market);

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has the record of being punished several times for the same kind of crime. The crime of this case is a crime committed during the period of repeated crime, and the defendant's effort not to repeat again while reflecting the depth of the crime. The defendant tried not only to escape from the dependence on drugs through medical treatment and rehabilitation, but also to work in society with the workplace.