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(영문) 서울서부지방법원 2013.11.28 2013고합320
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

A seizured principal unit (No. 1) shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Punishment of the crime

Defendant

A candidate for medical treatment and custody (hereinafter referred to as "defendant") is sentenced to 8 months of imprisonment with prison labor for special larceny, etc. in the Suwon District Court's Ansan Branch on July 5, 201, and the execution of the sentence is completed in the second prison of the Gyeongbuk District Court on February 2, 2012, and on March 16, 2010, the Seoul Western District Court has the same criminal records of 13 times of imprisonment with prison labor for the crime of violation of the Toxic Chemicals Control Act in the Seoul Western District Court on March 16, 2010.

On April 11, 2013, the Defendant, at the nearest of Eunpyeong-gu Seoul Metropolitan Government C on April 21, 2013, injected dials containing toxic elements, which are harmful hallucinogenic substances, into a plastic sealing, and inhales them at the entrance of the Defendant, by means of putting them into a vinyl string.

The defendant of the cause of medical treatment and custody is a person who has a habit of inhalement of harmful hallucinogenic substances and requires medical treatment at a medical treatment and custody facility and is in danger of reoffending

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. A request for appraisal by the National Science Investigation Institute;

1. One copy (No. 1) seized;

1. Previous convictions: Inquiries and reports on criminal investigations (report on confirmation of the completion date of the punishment of a suspect, and previous convictions and reports on repeated crimes);

1. The following circumstances, which can be seen by comprehensively taking account of the necessity of treatment as indicated in the judgment, the risk of recidivism, the written mental appraisal of the Defendant in preparation D, and E, etc., (i) the Defendant was sentenced to imprisonment or a fine for a total of 13 times between November 1, 1984 and March 2010 on the ground that he inhaled hallucinogenic substances, etc. in addition to the previous case, the Defendant was sentenced to imprisonment or a fine for a total of 13 times between November 1, 1984 and March 2010, and (ii) the fine among the same kind of punishment power as above was only one time, and in most cases, the Defendant continuously inhaled hallucinogenic substances such as the main body, etc., and ultimately, the ex post facto punishment such as imprisonment seems to make it difficult to effectively control the

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