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(영문) 청주지방법원 2016.10.27 2016고단1889

화학물질관리법위반(환각물질흡입)등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

On October 31, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Toxic Chemicals Control Act in the Daejeon District Court, and completed the execution of the sentence on August 29, 2016.

1. At around 20:00 on August 29, 2016, the Defendant: (a) Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, the Defendant injected 59 times in total, as shown in the annexed Table of Crimes (hereinafter referred to as “hicinary gas”), the gas source of the trade name “Mobane” containing butane gas, which is a hallucinogenic substance, into a plastic wing container; (b) duplicating gas discharged by subdividing gas into a vinyl; and (c) duplicated gas into the entrance of a vinyl paper; and (d) duplicating eight but in a way of galing gas at the entrance of the plastic wing paper; and (d) dup up to September 3, 2016.

2. On August 29, 2016, at around 20:00, the Defendant invadedd the house of the victim D (Inn, 77 years of age) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu. Around August 29, 2016, the Defendant: (a) entered the house of the female, by entering the open gate to the entrance door up to the second floor, by hand-to-faced the steel shed that

In addition, from around that time to September 3, 2016, the Defendant invadedd the victim’s residence in a total of six times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Police seizure records;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (pre-offenders and confirmations) and Acts and subordinate statutes;

1. Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the same Act, Article 319 (1) of the Criminal Act concerning a crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act include the frequency and quantity of inhaled hallucinogenic substances for the reason of sentencing, the same sentence was committed 14 times before and after the same offense, the same repeated crime, and reflectivity, etc.