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(영문) 부산지방법원 동부지원 2015.05.20 2014고단2296
유해화학물질관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 02:00 on September 27, 2014, the Defendant, at the Defendant’s house located in Nam-gu Busan Metropolitan City C, put an industrial key containing Toluene, which is a hallucinogenic substance, into a vinyl, and inhaled it in a cocon method.

2. At around 12:25 on November 2, 2014, the Defendant, at the places indicated in paragraph 1, 201, put an industrial key containing Toluene, which is a hallucinogenic substance, into a vinyl, and inhaled it in a way of coconting it into a vinyl.

3. At around 23:50 on November 3, 2014, the Defendant, at the places indicated in paragraph 1, 201, put an industrial key containing Toluene, which is a hallucinogenic substance, into a vinyl, and inhaled it in a way of coconting it into a vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the statutes on response to requests for appraisal;

1. Article 58 Subparag. 3 and Article 43(1) of the former Toxic Chemicals Control Act (wholly amended by Act No. 11862, Jun. 4, 2013; effective January 1, 2015); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished several times for the same kind of crime, and the nature of the same crime is heavy during the period of repeated crime.

However, considering the circumstances such as the fact that the crime of this case appears to have been committed due to the depression during pregnancy, the defendant's mistake reflects his husband's depth and is taking active mental and medical treatment in the future with his husband, and there is no person who is to rear a baby born D other than the defendant, the punishment as ordered by the disposition shall be determined.

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