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(영문) 인천지방법원 부천지원 2013.04.26 2013고합50
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

One plastic bag (proof No. 1) shall be confiscated, which has been seized.

Reasons

Criminal facts

On June 28, 2007, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendants") have a habit to inhale the same criminal power twice more than twice, and are likely to be abused or harmfully harmful, as well as to have been sentenced to imprisonment for a violation of the Toxic Chemicals Control Act by the Incheon District Court on June 28, 2007.

On March 5, 2013, from around 20:30 to 23:30, the Defendant, at the street in front of the Yacheon-gu, Oracheon-gu, the Defendant, in the vicinity of the iron shop, put one of the industrial main ocoke, which is a hallucinogenic substance purchased from the iron shop, into a vinyl paper (Evidence No. 1) and inhaled it at the entrance of the Defendant, and then inhaled it by hanging the main ocoke at the entrance.

Defendant needs to receive medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Ratification (one point of a request for appraisal and seized article);

1. Existing presence under subparagraph 1 of this Article;

1. Records of judgment: Criminal records, etc. inquiry report and copy of judgment;

1. We examine the following facts: The habitive walls of the judgment, the necessity of treatment, and the risk of recidivism: The defendant has been punished several times as a crime of violating the Toxic Chemicals Control Act; the defendant is also aware of the risk of inhalement; the defendant does not restrain it; and the defendant's mother D also requires the defendant to undergo proper treatment and education in a state of isolation from society for a certain period of time; and the defendant's right to undergo proper treatment and education can also be seen as helpful to the defendant.

Application of Statutes

1. Article 58 of the relevant Act on criminal facts, the selection of punishment, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act, and the selection of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Medical treatment and custody;

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