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(영문) 의정부지방법원 고양지원 2013.08.23 2013고단1134
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of ten months for a violation of the Toxic Chemicals Control Act in the Goyang Branch of the Jung-gu District Court on June 5, 2012, and the said judgment became final and conclusive on June 13, 2012 and is still in the grace period.

【Criminal Facts】

No person shall take in, inhale, or possess for this purpose a hazardous chemical substance which causes entertainment, hallucation, or anesthesia.

At around 05:20 on July 13, 2013, the Defendant, under the influence of alcohol, injected a swine tag containing Toluene in a black vinyl, in front of the D market public parking lot located in Goyang-gu, Goyang-si, Goyang-si, Goyang-si, and inhaled hallucinogenic substances in a state of mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Photographs;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Even when considering favorable circumstances, such as the fact that the defendant's erroneous recognition of the reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act and the fact that the defendant living as a physically handicapped person who has lost his/her arms and committed the crime of this case under the influence of alcohol while living as a physically handicapped person, the defendant has been punished five times the previous department, and the defendant committed another crime during the period of probation, as long as the defendant's economic circumstances are not improved, the risk of recidivism is very high, and other various sentencing conditions such as the defendant's age, character and conduct, it is inevitable to sentence the defendant as to the crime.

It is so decided as per Disposition for the above reasons.

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