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(영문) 대구지방법원 상주지원 2012.12.27 2012고합112
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

The number of seized low carbon gas (influence), 3 copies (influence 1), and nh shall be cut.

Reasons

On April 24, 2009, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendants") are sentenced to imprisonment for one year and six months with labor for the violation of the Toxic Chemicals Control Act at the Suwon District Court on April 24, 2009, and on August 30, 2010, and have completed the execution of the sentence four times more.

1. On October 11, 2012, around 23:20, the Defendant inhaled hallucinogenic substances by opening a gas lid in the name of “nicking,” in the Defendant’s dwelling breath of the Defendant’s dwelling breath, which is a hallucinogenic substance, within the boundary of the Defendant’s dwelling breath, and in such a way as to inhale gas from gas in the bottom of the said gas breath, and then infusing gas from gas in the inside.

2. The Defendant has a habit of inhaleing substances that are likely to be abused or harmful, and as above, committed a crime corresponding to imprisonment without prison labor or a heavier punishment, and there is a need to receive medical treatment at a medical treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. The record of seizure and the list of seizure, the investigation report (the details of seizure prescribed in subparagraph 1), photographs (the 28 pages of investigation records), the investigation report (Attachment of a photo on the arrest site), the field photograph (39 pages of investigation records), the table of request for appraisal and images, respectively;

1. Previous records of judgment: Criminal records, etc., inquiry reports, personal identification and confinement status, and five copies of judgment;

1. In full view of the following circumstances acknowledged by the foregoing evidence, namely, the Defendant has a history of having been sentenced to imprisonment five times or more due to a crime of violation of the Toxic Chemicals Control Act due to the inhalement of inane gas, and the Defendant committed the instant crime by reconcilating the butane gas again at approximately two years and two months after the execution of the sentence was completed due to the same criminal record and thereby committing the instant crime.

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