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(영문) 수원지방법원 성남지원 2014.06.25 2014고단1074
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The seized Nos. 1, 2 (Mad Co., Ltd.), and Nos. 3 (Mod Co., Ltd.).

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Sungwon District Court's Sungnam branch on June 21, 2013, and the Defendant was 18 persons of the same kind of military force on May 9, 2014, such as the termination of the execution of the above sentence in the first prison for the North Korean Peninsula.

【Criminal Facts】

At around 14:00 on May 11, 2014, the Defendant 201: (a) marburged the fat, an industrial contact with a hallucinogenic substance, into a vinyl, into a plastic packing, and inhaled toxic chemicals by means of pulmonation into and with the nose, and around May 13, 2014; (b) around 15:00 on May 13, 2014, the Defendant 3 industrial contact with a hallucinogenic substance (at least 140ml2, 30mll, band 1ml, band 30ml in pigs) in the middle-gu, Sungnam-gu, Sungnam-si, Man-si, the Defendant mar folded the burg in a chyl chloride, and surged the burg in a way that the burgs and burgs the burg in a way that the burgs and burine f.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Seizure records;

1. The list of seizure;

1. Investigation report (verification of the content to Toluene in this case);

1. Each photograph;

1. Previous records before ruling: Criminal records, inquiry reports, and the application of Acts and subordinate statutes as a result of prisoners search;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the recommended sentence for the defendant is between August and June.

(Types 1 and Aggravations among the sentencing guidelines for narcotics crimes). The sentence of punishment is inevitable because the accused has been punished more than 18 times for the same crime, and medical treatment and custody has been taken several times, and it is inevitable to repeat the crime only within the framework of the date of release.

However, when the defendant is subject to criminal punishment several times, criminal punishment is no longer applicable to the defendant, and the defendant's rehabilitation is the best way.

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