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(영문) 울산지방법원 2013.10.25 2013고단3145
유해화학물질관리법위반(환각물질흡입)
Text

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

The five main points seized (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

On June 1, 2012, the Defendant was sentenced to 8 months in the Ulsan District Court for the crime of inhaleing hallucinogenic substances, and completed the execution of the sentence in the third prison of the Gyeongbukbuk District Court on December 24, 2012.

At around 18:40 on September 8, 2013, the Defendant inhaled about 20 minutes, 103 Dices in Ulsan Jung-gu C, Ulsan-gu, by inserting five scam scam scamscams, containing hallucinogenic substances, into a scaminyl chloride, and inserting them into the entrance of the scam, and exposing them for about 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (verification of the result of appraisal);

1. Photographs of the suspect on crime scene;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the number of suspects and current status of confinement);

1. Article 58 subparagraph 3 of the relevant Act on the Control of Toxic Chemicals under Criminal Facts and Articles 43 (1) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

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

1. It is inevitable to sentence the criminal defendant, who has a large number of punishments under Article 48 (1) 1 of the Criminal Act, has the same criminal records, and repeats again even during the period of repeated crime of the same kind of crime;

Provided, That in determining sentence, the punishment shall be determined as ordered in consideration of favorable circumstances in which the defendant has made a confession of a crime and has violated depth, and the punishment shall be determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant comprehensively.

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