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(영문) 수원지방법원 성남지원 2020.04.16 2019고합330
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Applicant for medical treatment and custody.

Reasons

Criminal facts

On July 4, 2018, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to one year for the crime of violation of the Chemicals Control Act at the Sungwon District Court's Sungnam branch on July 4, 2018 and completed the execution of the sentence and transferred to a medical treatment and custody center on May 16, 2019, and completed the provisional termination of medical treatment and custody on December 2, 2019.

【Criminal Facts】

On December 6, 2019, at around 02:20, the Defendant discovered a dives containing luene, which is a hallucinogenic substance, at the front side of Sungnam-gu, Sungnam-gu, Sungnam-si, and then laid it in a plastic sealing paper, and then inhaled hallucinogenic substances for about 10 minutes at the entrance of the given plastic sealing paper by means of spreading c and hiding them at the entrance of the given plastic sealing paper.

[Facts of the cause for medical treatment and custody] The defendant has a total of 19 times, and immediately after having been released from a medical treatment and custody center for the same crime, he/she again committed a repeated crime despite being a repeated crime, and it is difficult to expect voluntary medical treatment in the future.

In the end, the defendant needs to receive medical treatment at the medical treatment and custody facility due to addiction to hallucinogenic substances and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written response to the request for appraisal;

1. Evidential photographs (pinyl chlorides contained in the main body);

1. Investigation report (in the form of a suspect when he/she is brought into custody);

1. A previous conviction in the judgment: A criminal record and other inquiry report, the result of the confinement of prisoners [the necessity of medical treatment at the time and danger of re-offending] has the record of being punished 19 times for the same kind of crime, inhales hallucinogenic substances again within 4 days after the provisional termination of medical treatment and custody for the same kind of crime, and taking into account the motive and circumstance of the crime, the applicable law, the defendant's age, character, conduct, environment, etc., the defendant has a habit that inhales hallucinogenic substances, and the necessity of medical treatment and the risk of re-offending is also recognized.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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