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(영문) 인천지방법원 부천지원 2016.01.08 2015고합228
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 4 shall be confiscated.

A medical care and custody applicant.

Reasons

Criminal facts

On May 10, 2013, the Defendant was sentenced to imprisonment for 8 months and medical care and custody for a crime of violation of the Toxic Chemicals Control Act in the Busan District Court's Busan District Court's Branch on May 10, 2013. On May 27, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for the same crime in the support of Suwon Ficsium, and completed the execution of the above punishment in the public prison on August 1, 2015.

1. On September 6, 2015, the Defendant inhaled hallucinogenic substances at the DNA conference located in Seocheon-gu, Seocheon-gu, Seocheon-si, and by inserting the main body of the industrial lux, which is a hallucinogenic substance purchased at the nearby iron shop, into a plastic lux, into a plastic lux, and then in a manner of spreading lux with a nose and lux at the entrance thereof.

2. On September 7, 2015, the Defendant inhaled hallucinogenic substances in the same manner as described in the foregoing paragraph 1 at the above DNA conference.

[Facts of the cause of treatment and custody] A person subject to treatment and custody (hereinafter “defendant”) committed a crime of inhaleing hallucinogenic substances as stated in the above facts of the crime, and there is a habit that inhales the same criminal records more than six times and is likely to be abused or harmful to another person, so it is necessary to undergo treatment at the treatment and custody facilities, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. On-site photographs;

1. A report on investigation (attaching photographs of seized articles and pigs);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment);

1. The habition, necessity of treatment, and risk of recidivism of hallucinogenic substances: (1) The Defendant was sentenced to imprisonment for 8 months and medical care and custody for the violation of the Toxic Chemicals Control Act in the Incheon District Court’s Branch on May 10, 2013; Presidential Decree No. 2590, May 27, 2014; Presidential Decree No. 25348, May 27, 2014; Presidential Decree No. 25357, May 27, 2014>

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