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(영문) 서울남부지방법원 2014.07.07 2014고합124
유해화학물질관리법위반(환각물질흡입)
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 August 10, 199, the Seoul Southern District Court sentenced the defendant and the applicant for medical treatment and custody (hereinafter referred to as the "defendant") to imprisonment with prison labor for the violation of the Toxic Chemicals Control Act for six months at the Seoul Southern District Court, as well as one year of suspended execution for ten times. On April 16, 2010, the Seoul Southern District Court sentenced the defendant to imprisonment with prison labor for the same crime and completed the execution of the sentence on July 27, 201.

【Criminal Facts】

At around 15:50 on February 22, 2014, the Defendant 15:50, at the bus stops in the bus stops in the Gangseo-gu Seoul Airport, the Defendant inhaled the main text of the industry of hallucinogenic substances for about 30 minutes, using a d-5250's 1kg d-5250's d- d- d- d-250', which is a hallucinogenic substance purchased in advance at the iron bars where the trade name is unknown.

[Facts of the cause of medical treatment and custody] The defendant is a person who has a habit of inhaleing substances that are likely to be abused or harmful, and has committed a crime equivalent to imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at the medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. Photographs of seized articles;

1. Previous convictions in judgment: Criminal records, previous records and copies of written judgments, and current status of personal identification and confinement;

1. We examine the following circumstances, which are acknowledged by the evidence adopted and examined by this court: (a) there are several times of criminal records as stated in the records of the crime committed by the Defendant; (b) there was a record of having been sentenced two times of medical treatment and custody due to the same crime; and (c) the Defendant does not directly control the shock of hallucinogenic substances by committing the instant crime without any cruel treatment after the date when he was hospitalized for the treatment of addiction to hallucinogenic substances.

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