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(영문) 부산지방법원 2014.09.19 2014고단6632
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On January 25, 2011, the Defendant was sentenced to one year in Busan District Court for a violation of the Toxic Chemicals Control Act, and completed the execution of the sentence on December 10, 201.

On July 28, 2014, no one may take in, inhale, or possess hallucinogenic substances that cause smoking, hallucination, or anesthesia for this purpose. However, around 19:10 on July 28, 2014, the Defendant inhaled, in a way that the Defendant, purchased in advance at the Defendant’s dwelling in Busan-gu C and Adong 101, and was in possession at the Defendant’s dwelling in a nearby place, and in a manner that inhales only one of the hallucinogenic gases, which are hallucinogenic substances, into the discharge outlet of the bane gas.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Before judgment: The application of criminal records and investigation reports (Review as to whether a repeated crime is committed) and statutes;

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

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

1. In light of the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act not only has the record of having been sentenced to punishment of 13 times for the same crime, but also has committed the crime of this case without being aware of the fact that he/she had committed the same crime even though he/she was under repeated crime due to the same crime, it is inevitable to sentence the

However, considering the fact that the defendant is living against his/her will while making a confession, the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the defendant's age, character and behavior and environment.

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