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(영문) 서울북부지방법원 2013.08.29 2013고단1719

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for one year.

Seized butane gas 16 copies (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On March 18, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act, etc. at the Seoul Northern District Court on March 18, 201, and the Prosecutor appealed on May 20, 201, sentenced two years to imprisonment with labor at the Seoul High Court on May 20, 201, and completed the execution of the sentence at the Seoul Detention Center on January 11, 2013.

【Criminal Facts】

From around 17:00 on July 21, 2013 to 13:15 on the following day, the Defendant opened a lid of “salin fuel”, “salin fuel”, “salin fuel”, “salin fuel”, and “salin oil”, which contain hallucinogenic gas in Dobong-gu Seoul Metropolitan Government, at 203 Domoel 203, so that the Defendant inhales the gas by salining it, and inhales it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Photographss and field photographs of seized articles;

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes shall apply to criminal records, personal identification and confinement status, and investigation reports (report attached to written judgments);

1. Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Act on criminal facts;

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

1. Even though the defendant had committed the same kind of crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Code, it is determined that the defendant cannot avoid the corresponding punishment in that he/she committed the crime of this case within the short time after the release of the crime.

Provided, That the punishment as ordered shall be determined by taking into consideration the facts against the defendant, the background leading to the crime of this case, and all other circumstances, such as the age, environment, etc. of the defendant.