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(영문) 대전지방법원 2013.05.10 2013고단1010
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 10:00 on March 12, 2013 to around 12:30 on the same day, the Defendant inhaled, at his own house located in Daejeon Taedong-gu, Daejeon, two main drums purchased from the iron bars where the trade name of the first floor of the building of the Csung Party located in the same Dong is unknown on the 9th day of the same month, and drums containing Toluene, which are hallucinogenic substances, in a way that the Defendant shot up two main drums prepared in advance at the bar of the building of the same building of the same building of the same Dong, and scalk and scalked at the entrance of the above dial.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant’s wife due to a mental disorder led to the instant crime; (b) the Defendant is currently deciling and reconcing his mistake in depth; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the instant crime; and (e) the various sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, shall be comprehensively considered.

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