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(영문) 대전지방법원 2013.03.22 2013고단485
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 23, 2011, the Defendant was sentenced to one year for committing a violation of the Toxic Chemicals Control Act at the Daejeon District Court on December 23, 201, and the judgment became final and conclusive on December 31, 201, completed the execution of the sentence in the Daejeon Prison on November 10, 2012.

On January 23, 2013, at around 10:50, the Defendant injected hallucinogenic substances at the front side of the Daejeon-gu Daejeon-gu, Daejeon-gu, by inserting one tamper containing Toluene, which is a recluent substance hidden under the construction materials, into a vinyl paper, and then exposing hallucinogenic substances at the entrance of a vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure protocol and response to requests for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (a written judgment and a report accompanied by the current status of identification);

1. Relevant Article of the Act on Criminal Facts and Articles 58 subparagraph 3 and 31 (1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11260) (Appointment of Imprisonment);

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Incompetence] is that there are more than a number of imprisonment without prison labors for the same kind, and recidivism has been conducted only two months after the release of the offender [fluent circumstances]), the intention of rehabilitation and treatment is strong, the plan is concrete, and the actual implementation of the plan is carried out, and it seems that appropriate treatment is more appropriate than repeated criminal punishment of robbery, in terms of special preventive effect, and it is against the depth of contingent crimes.

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