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(영문) 인천지방법원 2015.01.21 2014고단8672
유해화학물질관리법위반(환각물질흡입)
Text

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

Reasons

Punishment of the crime

On April 21, 2011, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Toxic Chemicals Control Act and medical treatment and custody in the Incheon District Court, and on August 31, 2012, the Defendant completed the execution of the sentence in the official prison.

No person may take, inhale, or possess for this purpose a hazardous chemical which causes interest, hallucination, or anesthesia;

1. On June 22, 2014, the Defendant, at the house of the C, located near the Bupyeong-gu Bupyeong-gu, Incheon, Bupyeong-gu, he injected hallucinogenic substances by inserting one industrial folding agents containing hallucinogenic substances, in a plastic stop (stop, teb) in a plastic stop, and then exposing them at the entrance of the Defendant.

2. On October 23, 2014, the Defendant inhaled hallucinogenic substances, which are hallucinogenic substances, in the underground parking lots in the Yangcheon-gu Seoul Metropolitan Government Mobrote apartment site in the construction site, by inserting the luene dynasium containing hallucinogenic substances into vinyl strings, and then exposing them at the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Written response to the request for appraisal;

1. Investigation report (Analysis of suspect mobile phone calls);

1. Previous convictions in judgment: Residents' inquiry, etc. and the application of Acts and subordinate statutes of investigation reports (personal confinement status);

1. Article 58 of the Toxic Chemicals Control Act and Articles 58 subparagraph 3 and 43 (1) of the same Act and the selection of imprisonment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Application of the sentencing criteria (determination of types) for narcotics: 8 months to 1 year and 6 months (the scope of recommendations) for hallucinogenic substances (the scope of recommendations).

2. Despite the past record of having been sentenced six times as a crime of the same kind in the decision of sentence, repeating a repeated crime during the period of repeated crime, and it is not good that the crime is committed again while being investigated by an investigative agency due to the crime of paragraph 1 of the ruling, and the defendant.

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