(영문) 부산지방법원 2009.5.26.선고 2009고단1853 판결

A defendant shall be punished by imprisonment for one year. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence. The number of days under detention prior to the pronouncement of the judgment shall be confiscated, respectively.

Reasons

Criminal facts

On July 14, 2008, the defendant was sentenced to 10 months of imprisonment with prison labor for the crime of injury in the Busan District Court's Dong Branch, and on March 22, 2009, the execution of the sentence was completed in the Busan Correctional Institution.

1. On March 30, 2009, from around 16:10 to 16:30, the Defendant injected the hallucinogenic substances at the inn part of the city in Busan Eastdong-dong, where one half of 160 grams containing toxic elements that cause decilation, in a black plastic paper, was loaded in one half of 160 grams containing toxic elements that cause decilation, into a black plastic paper, and then inhaled them at the entrance of the wing paper, and then inhaled the hallucinogenic substances.

2. From April 16, 2009 to 16:50 on April 16, 2009, the Defendant injected hallucinogenic substances at the Defendant’s house in Busan Shipping Daegu-dong, and from around 16:50 grams of 160g capacity containing hazardous chemical substance that may cause transshipment action, into a black plastic paper, put one coke into a black plastic paper, and inhales hallucinogenic substances at the entrance of the sealed paper.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Articles 58 subparag. 3 and 43(1) of the Toxic Chemicals Control Act (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;