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(영문) 서울서부지방법원 2012.12.27 2012고단2099
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may take in or inhale toxic chemicals that cause smoking, hallucation, or anesthesia. On August 18, 2012, the Defendant, at the Defendant’s house located under the Eunpyeong-gu Seoul Metropolitan Area (B), put one industrial main body (name mocoke) containing hallucinogenic substances in a vinyl paper at the Defendant’s house located under Eunpyeong-gu Seoul Metropolitan Government, into a vinyl paper, and inhales them at the entrance, using a cocon and breath method.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Seizure records and investigation reports (in response to requests made by the National Institute of Scientific Investigation and Investigation);

1. Application of Acts and subordinate statutes to the photographs of the main office for industrial use and vinyl paper;

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (the fact that the defendant has no record of being punished for the same kind of crime for the last five years since he/she was punished for the same crime in 2006); the number of the defendants inhaled the hallucinogenic substances in this case is only one time; and the defendant's lives in good faith and in the future

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