beta
(영문) 서울남부지방법원 2013.12.19 2013고합357

유해화학물질관리법위반(환각물질흡입)등

Text

A defendant shall be punished by imprisonment for two years.

The seized mocoke industrial keys are tensions of the Seoul Southern District Prosecutors' Office.

Reasons

Punishment of the crime

1. At around 11:30 on July 20, 2013, the Defendant 2013, the Defendant inhaled approximately 30 percent of the quantity by inserting a toxic chemical substance containing Toluene ingredients prohibited from inhaled in DNA acid located in Gangseo-gu Seoul Metropolitan Government into a certified vinyl paper and inserting them into a vinyl paper and inhale them into a vinyl paper.

2. At around 04:00 on July 20, 2013, the Defendant discovered the victim G (n, 17 years of age) who was divingd in the “Frona” located in Gangseo-gu Seoul Metropolitan Government E, and caused the victim’s bridge to her hand, put the victim’s hand into the victim’s panty, thereby committing an indecent act by force.

3. At around 12:00 on August 31, 2013, the Defendant 2013: (a) put an industrial “Patch”, which is a hazardous chemical substance containing Toluene ingredients prohibited from inhaleing in forests near Dic acid water stations located in Gangseo-gu Seoul Metropolitan Government, into a conspicuous plastic paper; (b) laid down a plastic paper by inserting about 1/3 in a fake paper; and then inhales it into a plastic paper for about 15 minutes in a way of injecting it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of G;

1. Each protocol of seizure;

1. Photographss, photographs related to the inhalement of the Adrid, the main packaging paper inhaled by the suspect, and photographs of the main body taken by the suspect's inhaled ingredients;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Relevant Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act (the points of inhaleing hallucinogenic substances, the choice of imprisonment), Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act, which apply to the relevant criminal facts and the choice of punishment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes within the scope of adding up the maximum term of two punishments prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse with the largest punishment];

1. Article 48 (1) of the Criminal Act of confiscation;

1. Order for the protection of children or juveniles against sexual traffic;