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(영문) 수원지방법원 평택지원 2013.04.10 2013고합23
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

There are four (No. 1) mocokes seized, one of which contains four (No. 1).

Reasons

Punishment of the crime

[Criminal Power] The defendant and the requester for medical treatment and custody (hereinafter "defendant") are sentenced to imprisonment with labor for not more than ten months in this court on June 14, 2012, and have a habit to inhale toxic chemicals from the Suwon District Court's Eunpyeong Housing Site Center on March 2, 2009; imprisonment with labor for not more than two years on July 23, 2009; imprisonment for not more than two years on September 23, 2009; imprisonment for not more than six months on September 23, 2009; and imprisonment for not more than eight months on June 24, 2010; and imprisonment with labor for not more than ten months in this court on February 21, 2013; and a person who completed the execution of the sentence in Gwangju Prison on February 21, 2013 and has a habit to inhale toxic chemicals.

The written indictment contains only criminal records which are the requirements of aggravated repeated crimes, but the remaining criminal records are also stated ex officio in order to determine whether the defendant has a habitive effect to inhale substances that are likely to be abused or harmful under Article 2 (1) 2 of the Medical Treatment and Custody Act, or whether the defendant has been addicted to it.

【Criminal Facts】

Although no one may inhale toxic chemicals that cause smoking, hallucation, or anesthesia, the defendant, from around 10:00 on February 23, 2013 to February 13:40 on February 24, 2013, 4 "Nitcoke", an industrial coke, which contains "Toluene," which is a hallucinogenic substance, in the cafeteria, was injected in the entrance of the restaurant, and then inhaled through several times in a manner of putting in the entrance and scke.

[Facts of the grounds for medical treatment and custody] The defendant has a habit of inhaleing industrial contact agents containing Toluene, which are substances that are likely to be abused or harmful, and there is a need to receive medical treatment at a medical treatment and custody facility and also risk of recidivism.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. An explanatory invoice (the results of a request for appraisal) (the criminal records on the market);

1. Previous convictions indicated in its ruling: Criminal records and other inquiry reports, and the same shall apply to the previous investigation reports;

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