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(영문) 의정부지방법원 2013.12.09 2013고단3671
유해화학물질관리법위반(환각물질흡입)
Text

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

6.6.No. 1., 3.1.2, 1.2.2.2.2.2.2.2.2.

Reasons

Punishment of the crime

On May 10, 2012, the Defendant was sentenced to 10 months in the Seoul Western District Court for the crime of the violation of the Toxic Chemicals Control Act, and the Defendant completed the execution of the sentence on January 17, 2013 in the Ansan Prison.

On October 20, 2013, around 8:22, the Defendant: (a) sited in the eud car driver’s seat owned by the Defendant, standing on a one-lane side of the c exclusive road D direction at the Namyang-si, Gyeonggi-do, and then inhaled hallucinogenic substances at the entrance of a vinyl paper by inserting three 480g of a shape coke industrial key in which luene is a hallucinogenic substance, in two white plastic bags; and (b) melting hallucinogenic substances at the entrance of a vinyl paper by putting them into two white vinyls.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (toluene photographs showing ingredients);

1. Seized articles, photographs and on-site photographs;

1. Previous records indicated in judgment: Application of inquiry reports on criminal records, etc. and investigation reports (verification of the expiration date of punishment) Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The fact that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act shows a strong intention to not repeat again while the defendant is against the defendant. In light of favorable circumstances, the defendant has been punished several times for the same kind of crime, as well as the fact that the crime of this case was re-offending since the crime of this case is nothing more than after the release, shall be considered disadvantageously, and the method and result of the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the circumstances after the crime, the defendant's age, character and conduct, family environment, etc.

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

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