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(영문) 서울서부지방법원 2018.09.19 2018고합193
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Two main sheet of seized swine (No. 1) and six certified vinyl bags (No. 1).

Reasons

Criminal facts

【Criminal Records of the Grounds for the Medical Care and Custody 【Criminal Records】 The Defendant and the Appellant for Medical Care and Custody (hereinafter “Defendant”) were sentenced to imprisonment with labor for the violation of the Chemicals Control Act at the Seoul Western District Court on February 17, 2017, and the term of imprisonment was terminated on December 4, 2017.

No person committing a crime shall take in or inhale any chemical substance that causes stimulation or anesthesia.

Nevertheless, from around 13:00 to 23:00 on July 14, 2018, the Defendant injected hallucinogenic substances over several occasions at the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government C 102. At around that time, the Defendant, in a non-fluorous iron shop, brupted 250g capacity of luorous chemical and industrial company, in a plastic fluor, in a luorous paper with two luoric components purchased from the non-fluoral iron shop, and inhaled them at the entrance of the luor and in a luorous manner.

【Fact of the cause of the medical care and custody】 The Defendant, as well as the above criminal records, has eight criminal records of the same kind and inhaled hallucinogenic substances, as stated in the above criminal records.

The defendant needs to receive medical treatment at the treatment, care and custody facilities by committing a crime corresponding to imprisonment without prison labor or any heavier punishment, and has the risk of recommitting a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. Vinyl chlorides in transit through seized principalboard;

1. Previous convictions in judgment: The current status of personal acceptance, such as a written inquiry about criminal history, text of judgment, etc.;

1. The need to treat hallucinogenic substances as indicated in the judgment and the risk of recidivism: The following circumstances acknowledged by each of the above evidence, i.e., the Defendant had a record of criminal punishment on eight occasions due to the crime of the same kind similar to the same, such as inhaleing hallucinogenic substances or administering a psychotropic drug. ii) The Defendant inhales hallucinogenic substances.

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