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(영문) 인천지방법원 부천지원 2014.09.26 2014고합173
유해화학물질관리법위반
Text

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On July 19, 2013, the defendant and the claimant for medical treatment and custody (hereinafter referred to as "defendants") have been sentenced to one year to imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Incheon District Court's Busan Branch on July 19, 2013, and on June 1, 2014, the same kind of criminal power is more than six times in addition to the completion of the execution of the sentence in the official prison.

No person shall inhale toxic chemicals which cause interest, hallucination, or anesthesia.

Nevertheless, at around 14:30 on July 17, 2014, the Defendant, on the fifth floor of the 5-story building located in Bupyeong-gu, Bupyeong-gu, Seocheon-si, Macheon-si, in which the Defendant put 17 out of the finite steel bars and fishing products purchased at the near place and the finite gas 20 out of the finite gas 20 share in a vinyl paper, injected the finite, and injected the gas into the entrance of the wing paper, and inhales it by means of hanging the cro at the entrance of the wing paper.

Accordingly, the defendant inhaled carbon gases which cause interest, hallucination, or anesthesia.

The Defendant, as above, is a person who has a habit or is addicted to inhales substances that are likely to be abused or harmful as above, needs to undergo medical treatment at a medical treatment and custody facility by committing a crime corresponding to imprisonment without prison labor or heavier punishment, and is in danger of recommitting a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure and destruction of the police;

1. Each photograph (No. 4 No. 5 of the evidence list);

1. Each investigation report (No. 1, 2, 8, and 12 No. 12 of the evidence list);

1. Previous records: Criminal records, investigation reports by each prosecutor (Attachment to a copy of a judgment of the same kind of crime as a suspect, and current status of personal identification of each accused);

1. The necessity of treatment as indicated in the judgment and the risk of recidivism: The following circumstances, which can be seen by comprehensively taking account of each of the above evidence, i.e., the Defendant had been punished for the same crime seven times from 2006 to 20 months, and the Defendant again committed the instant crime since he was sentenced to imprisonment for one year for the same kind of crime and completed the execution of the sentence.

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