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(영문) 서울중앙지방법원 2015.07.16 2015고합503

화학물질관리법위반(환각물질흡입)등

Text

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

Two (influent subparagraph 1) shall be confiscated for one time of seizure.

Reasons

Criminal facts

On June 28, 2006, the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") have been sentenced to imprisonment for two years and medical treatment and custody for the violation of the Toxic Chemicals Control Act at the Suwon District Court on the grounds of the violation of the Toxic Chemicals Control Act, two years and medical treatment and custody for the violation of the Toxic Chemicals Control Act at the Suwon District Court on the grounds of November 28, 2008, respectively. On December 8, 2010, the Suwon District Court was sentenced to imprisonment for two years and medical treatment and custody for the violation of the Toxic Chemicals Control Act at the Suwon District Court on the grounds of the violation of the Toxic Chemicals Control Act. On October 10, 2012, the execution of the sentence was completed by the North Korean Northern District Court on the ground of the violation of the Toxic Chemicals Control Act at the Jeju District Court on the grounds of medical treatment and custody, and there is a wall to inhale

On June 10, 2015, at around 21:10 on June 21, 2015, the Defendant inhaled hallucinogenic substances for about 30 minutes in a way to see the parts of the back of the gas, which is a hallucinogenic substance, and prepared in advance, after the constitutional tower of the Western Park in Jung-gu Seoul, Jung-gu, Seoul, there is a need to receive medical treatment and custody at the facility, and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation reports (related to the degree of inhalement of butane gases of suspects), investigation reports (related to police officers' counter-investigation into police officers dispatched to the field), investigation reports (investigation into telephone conversations of reported persons);

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (related to the same criminal suspect's previous records and repeated crimes), and investigation reports (attached to the same type of judgment);

1. The necessity of treatment in the judgment and the risk of recidivism: The crime in the judgment shall be deemed to have committed a somewhat contingent crime at the time when the defendant was discharged from the last office and at the time when about two years and eight months have passed since it was committed;

However, even though the defendant was subject to criminal punishment (the defendant has been subject to medical treatment and custody over 5 times during the period) through inhaled hallucinogenic substances, he is still under the period of repeated crime.