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(영문) 부산지방법원 2016.11.11 2014고단9337

유해화학물질관리법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 20:10 on September 30, 2014, the Defendant inhaled, in collusion with two 160 grams of the industrial lux, which contains hallucinogenic substances, in the street in Busan-gu, Busan-do, the Defendant inhaled two 160 grams of the lux, in a vinyl paper, and then inhaled them in a lux and in a lux method.

around 23:45 on September 7, 2014, the Defendant injected approximately 30 minutes by inserting two 160g gramccokes, an industrial key to the lux, which is a hallucinogenic substance, into a vinyl, at the mouth of the vinyl 2014. < Amended by Presidential Decree No. 20193, Sep. 23, 2014>

Summary of Evidence

[2014 Highest 9337]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written response to a request for appraisal, investigation report (on-site photographs and advanced coke photographs) (2014 high group 9778);

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Investigation report, on-site seizure, and response to requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Subparagraph 3 of Article 58 and Article 43(1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013); the selection of fines for criminal facts

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

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse is that there are many kinds of records on the defendant, and that it is a crime during the period of repeated crime, and its circumstances are not good.

However, a fine shall be imposed in consideration of the fact that the present state of the defendant's health is not good, the fact that the content of the crime mainly affects others by inhaled main body, and the fact that the defendant has no particular criminal history except for punishment by inhaled main body.