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(영문) 부산지방법원 2013.07.04 2013고단2746
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On March 24, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Busan District Court on January 10, 2013, and completed the execution of the sentence in the Busan Correctional Institution.

From around 12:00 to 17:05 on May 8, 2013, the Defendant inhaled 5 pincoke at the entrance of the wing paper by inserting one Toluene, which is a hallucinogenic substance, in a transparent plastic sealing paper, and inserting 5 pincoke at the entrance of the wing paper for 5 hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. On-site photographs;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Investigation report (Attachment, etc. of photographs of seized articles);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-dispositions, report on results of confirmation, and confirmation at the expiration of term of punishment);

1. Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Act on criminal facts;

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

1. The Defendant’s reason for sentencing under Article 48(1)1 of the Criminal Act is that he/she repeatedly commits the instant crime during the period of repeated crime despite having been sentenced several times of punishment for the same kind of crime. It is so decided as per Disposition by comprehensively taking into account the factors of sentencing favorable to the Defendant, such as the factors of sentencing unfavorable to the Defendant, and the factors of sentencing favorable to the Defendant,

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