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(영문) 창원지방법원 2013.09.13 2013고단1297
유해화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On September 24, 2006, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the crime of violation of the Toxic Chemicals Control Act at the Changwon District Court on September 24, 2006. On September 5, 2007, he was sentenced to six months of imprisonment and medical treatment and custody for the same crime at the Changwon District Court on September 5, 2007, and the above judgment became final and conclusive on December 14, 2007, the suspended execution was invalidated, and the execution of the above final sentence was completed on November 25, 2009.

On November 23, 2012, around 14:05, the Defendant injected the instant butane gas, which is a hallucinogenic substance, by melting three parts of the butane gas purchased at the window of Changwon-si, Changwon-si, into a verification-type vinyl plastic paper, and then spraying the said butane gas by subdividing the said butane emissions by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A written appraisal;

1. Each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (written confirmations of the expiry date of punishment);

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

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

1. For the reason of sentencing under Article 48(1) of the Criminal Act, it is inevitable to choose a sentence of imprisonment in light of the following: (a) the defendant has been sentenced three times to imprisonment for the same kind of crime; (b) the defendant has been sentenced one to a suspended sentence; and (c) the defendant committed the same crime without being aware of the duration of

Provided, That the punishment shall be determined by taking into account the health status of the accused, family relations, the fact that the accused is against himself/herself.

It is so decided as per Disposition for the above reasons.

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