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(영문) 서울중앙지방법원 2015.09.10 2015고단4256
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 5, 2015, from around 12:00 to 21:40 of the same day, the Defendant subdivided into the five infinite gases in Gwanak-gu in Seoul Special Metropolitan City into a vinyl 311, and inhales butane gas, which is a hallucinogenic substance, in a method of covering the nose into a vinyl finite.

2. On July 7, 2015, around 17:18, 2015, the Defendant: (a) cut the gap of surveillance neglected by the Victim F in Gwanak-gu, Seoul Special Metropolitan City, with a cut of a sum of KRW 6,100, the market value of the victim’s possession, which is the sum of KRW 6,100, and a fuel butane 3 copies, and a ice cream.

3. On July 7, 2015, at around 18:40, the Defendant inhaled a single injection gas from among butane gases that were stolen as referred to in paragraph (2) in the street near the modern market located in Dobong-gu, Seoul Special Metropolitan City, into a scopic, and inhaled carbon gas, which is a hallucinogenic gas, by spraying it into a scopic, and passing it into a scopic.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of H and I;

1. On-site photographs, each butane gas photograph, and mathic photo;

1. Application of statutes governing seizure records as of July 5, 2015 and seizure records as of July 7, 2015

1. Relevant provisions of the Chemicals Control Act and Articles 59 subparagraph 6 and 22 (1) of the same Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending punishment] six to two years (the result of a multi-level crime processing standard] [the decision of sentencing] The defendant has been sentenced to a fine as a violation of the Toxic Chemicals Control Act around 2006. However, although the defendant reflects the crime and renders the crime cease of hallucinogenic substances, the defendant is taking the crime against the crime, the amount of theft damage is minor, the defendant has no criminal conviction above the suspended sentence, and the defendant's age, character and conduct

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