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Reasons
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(영문) 서울서부지방법원 2012.10.25 2012고단1946
절도등
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1. The punishment of the accused shall be determined by one year and four months;

2. Seized evidence 2, 3, or 4 shall be confiscated;

3...

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced by the Seoul Western District Court to imprisonment with prison labor for a period of ten months for obstruction of performance of official duties, etc. and the judgment became final and conclusive on February 24, 2012, and is still under suspension of execution.

1. A theft Defendant: (a) around 07:30 on September 11, 2012, at E-to-be sales stores operated by the victim C in Jongno-gu Seoul Metropolitan Government, destroyed the glass windows of the sales store, and entered the said sales store, and stolen 4.6 million won of the market price owned by the victim.

2. Violation of the Toxic Chemicals Control Act;

A. On September 10, 2012, the Defendant, at the Defendant’s house located in Seodaemun-gu Seoul, Seomun-gu, in a manner of inserting a contact with Toluene, which is a part of a tactic substance, in a transparent sealing and inhaleing it into the entrance of the sealing.

B. On September 12, 2012, the Defendant, at the same place as that of paragraph (a) around September 12, 2012, inserted a contact with Toluene, which is a rettoluous substance, in a transparent string, and inhaled it by a method of exposing it at the entrance of the sealing.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement of C and G;

1. Records of seizure and the list of seizure;

1. Field photographs, etc.;

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to criminal investigation reports (suspects' previous records and fact-finding reports);

1. Article 329 of the Criminal Act and Article 329 of the same Act, subparagraph 3 of Article 58 of the Toxic Chemicals Control Act, and Article 43 (1) of the same Act concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant of the reason for sentencing under Article 333(1) of the Return Criminal Procedure Act was sentenced to a suspended sentence of two years for ten months on March 29, 2012 due to a violation of the Toxic Chemicals Control Act.

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