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(영문) 의정부지방법원 2013.04.24 2013고합107
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

Not less than four girls (No. 1) for seized craft, and certified vinyl paper.

Reasons

Criminal facts

Defendant and applicant for medical treatment and custody (hereinafter referred to as “Defendant”) are those who had been sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on April 26, 2012 on March 11, 2013, and have the same criminal records and 13 times more than the end of the execution of the sentence.

No one may inhale toxic chemicals that may cause smoking, hallucation, or anesthesia. However, around 11:39 on March 17, 2013, the Defendant injected toxic chemicals for about 5 minutes by inserting 30 meters a brine table for craft manufacturing a new chemical substance containing Toluene, which is a hallucinogenic substance purchased in advance, from the 3th floor of the bus stops located in Namyang-si, Namyang-si, Namyang-si, in the vicinity of the bus stops located in D in Namyang-si, Namyang-si, and then breathing them over the 2nd part of a brine in a plastic paper.

As above, the Defendant needs to receive medical treatment at a medical treatment and custody facility and is also at risk of repeating a crime, as a person who has a habition that inhales substances that are likely to be abused or harmful.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation record of seizure;

1. Certificates of hallucinogenic substances;

1. All on-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports by the prosecution, investigation reports by the prosecution (report accompanied by a copy of the judgment), and copies of each judgment;

1. The point of the habition of the judgment, the necessity of medical treatment, and the risk of recidivism: the defendant has been repeatedly inhaled dynas containing Toluene for about 13 years from 19 years of age to 13 years prior to the crime in the instant case, and accordingly, repeated recidivism has been repeated within the short period after release (two times of fine, one time of suspended execution, one time of suspended sentence, ten times of medical treatment and custody), and further, the defendant has been sentenced to imprisonment for the same kind of crime, and the crime in the instant case has been repeated for about 6 days from the end of the execution.

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