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(영문) 인천지방법원 부천지원 2014.11.05 2014고단2384
유해화학물질관리법위반(환각물질흡입)등
Text

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

Reasons

Punishment of the crime

1. Around 02:00 on August 12, 2014, the Defendant inhaled butane gases using two portable fuels for the trademark of “beer gas” purchased at a convenience store near the Seocheon-gu Seocheon-gu Seocheon-si, Seocheon-si, and through a scopic method, which contains two mobile fuels for the trademark of “beer gas” purchased at a convenience store near the Seocheon-gu, Seocheon-gu.

2. The Defendant neglected his/her duty of care to call up the carbon gas remaining inside and to prevent explosion at the time and place specified in paragraph (1), and neglected to do so, and caused property damage equivalent to KRW 6,212,900 on the part of C 305 operated by D due to the negligence of burning out the carbon gas remaining in the monet to smoke in the process of flasing tobacco through a fladuling with a spirit due to the inhaled carbon gas inhaled. There was a fire caused by gas explosion on the wall, bed, and bed from the wall, bed, etc., thereby causing property damage equivalent to KRW 6,212,90.

Accordingly, the defendant caused danger to human property by burning explosive objects by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. A report on the occurrence of a fire;

1. On-site reports on results of field identification;

1. Application of Acts and subordinate statutes to the internal investigation reports (fields, etc.), investigation reports (CCTV's extraction), off-site CCTV extractions, investigation reports, estimates for damage, and copies of the estimates for damage;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 58 subparagraph 3, 43 (1) (the intake of hallucinogenic substances, the choice of imprisonment), 173-2 (1), and 172 (1) of the Criminal Act (the fact of spreading explosive substances, the selection of imprisonment without prison labor) of the Poisonous Chemicals Control Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act among concurrent offenders is that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was under suspension of execution due to the same kind of crime.

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