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(영문) 서울북부지방법원 2019.11.27 2019고단4003
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 3 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2017, the Defendant was sentenced to one year of imprisonment for a violation of the Chemicals Control Act at the Seoul Eastern District Court, and the execution of the sentence was completed at the Seoul East Eastern District Court on July 17, 2018.

【Criminal Facts】

1. No person who has violated the Chemicals Control Act shall take in or inhale hallucinogenic substances, or possess them for such purposes, which cause smoking, hallucination or anesthesia;

Nevertheless, around 19:00 on September 12, 2019, the Defendant returned to the Gangnam-gu Seoul Metropolitan Government and the Seongbuk-gu Park. The Defendant injected hallucinogenic substances by inserting the cryp of pigs containing Toluene, in a black vinyl, in a conspiracy to a black vinyl.

2. On September 13, 2019, around 00:13, the Defendant invaded upon the victim’s residence by going beyond a fenced in the second floor and then going beyond a second floor rail under the influence of inhaleing the swind, such as the facts described in paragraph (1), in front of the victim’s house in Seongbuk-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written appraisal;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Photographss of CCTV for crime prevention and photographs of suspect intrusion places;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to criminal investigation reports (in cases of suspect confinement information, attachment of criminal suspect's same type of judgment);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 6 of Article 59, Article 22 (1) of the Chemicals Control Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has been punished for inhaleing hallucinogenic substances several times, the crime of this case was committed during the period of repeated crime, and the defendant seems to have been seriously addicted to hallucinogenic substances.

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