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(영문) 춘천지방법원 2016.08.09 2016고단659
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal history] On October 30, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act (injecting hallucinogenic substances) at the Chuncheon District Court, and completed the execution of the said sentence on June 29, 2016.

[Criminal facts]

1. No person who has violated the Chemicals Control Act shall take in or inhale any chemical substance that causes smoking, hallucination, or anesthesia, or possess it for such purposes;

Nevertheless, from around 09:00 to 16:00 on July 1, 2016 to around 16:00, the Defendant put a Toluene, which is a chemical substance that may cause interest, hallucation, or anesthesia in the Defendant’s house, toilet, mail, etc., in Chuncheon City, in a conspiracy on a plastic paper, and inhaled the lux and co over several occasions at the entrance of the lux.

Accordingly, the defendant inhaled hallucinogenic substances.

2. On July 2, 2016, around 17:32, the Defendant damaged public goods, subject to investigation into the same suspicion as the described in paragraph (1) at the detention room of the Chuncheon Police Station located in Chuncheon-ro 61, Chuncheon-ro, Incheon-ro, as well as the investigation from the detention room of the Chuncheon Police Station, and then, on the ground that the police officer failed to provide tobacco, he saw a carcry board installed in the steel hold of the detention room, which is a case of public goods, for the purpose of preventing self-injury, was cut down once a carcry board of KRW 650,000,000, and destroyed it.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A statement of the circumstances E;

1. A criminal investigation report (a photograph related to destruction of public objects);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Relevant photographs;

1. A copy of a written estimate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history (A), investigation reports (inform report, etc. accompanied by a copy of the judgment);

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (Takings of inhaled hallucinogenic substances), Article 141 (1) of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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