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(영문) 대전지방법원 홍성지원 2012.10.19 2012고단836

유해화학물질관리법위반(환각물질흡입)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Evidence No. 1 seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On May 18, 201, the Defendant sentenced one year and six months of imprisonment with prison labor for the violation of the Toxic Chemicals Control Act, and completed the execution of the above imprisonment with prison labor after the termination of medical treatment and custody at the Public Medical Treatment and Custody Center on July 2, 2012. While no person takes in or inhales toxic chemicals that cause interest, hallucation, or anesthesia, the Defendant inhaled a toxic chemical in front of the Chungcheongnam-gun C Apartment Park, Chungcheongnam-gun, Seoul Metropolitan Government on September 20, 2012, around 13:55, at the end of the budget, the Defendant injected two mocoke, an industrial package containing luene ingredients in the middle of the budget, in a white plastic paper, and crokeke, in the entrance of the wing and scke. < Amended by Act No. 11373, Sep. 20, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure, the list of seizure, and field photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment, etc. to documents certifying the release from a medical treatment and custody center and reporting related cases, etc.);

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. For the reason of sentencing under Article 48(1)1 of the Criminal Act, it is inevitable to pronounce a heavy sentence in that the defendant again commits the same crime during the period of repeated crime.