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(영문) 대전지방법원 천안지원 2020.02.05 2019고합275
화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On November 30, 2019, the Defendant and the applicant for medical treatment and custody (hereinafter referred to as the “Defendant”) inhaled three of the above Saturdays (150g) in a 12-time manner in which the industrial stoke, containing the lucene component of hallucinogenic substances, is inserted in a vinyl paper, in the entrance of the sealing paper, and inhales three of the above stokeke (150g).

The defendant of the Medical Treatment and Custody Grounds Act is a person who has a habit or is addicted to inhale hallucinogenic substances which are abused or are likely to be abused or harmful, and needs to receive medical treatment at a medical treatment and custody facility by committing a crime corresponding to imprisonment without prison labor or heavier punishment, and has the risk of reoffending.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report [Attachment of a test report (2019-C-8417)] to be accompanied by a test report;

1. On-site photographs and photographs related to seized articles;

1. The need for treatment and the risk of recidivism: (a) the following circumstances recognized by the above evidence are as follows; (b) the Defendant received juvenile protective disposition for a violation of the Toxic Chemicals Control Act in 197; (c) the Defendant, despite the past record of having been punished five times from August 2007 to November 201, was released from the instant crime after being sentenced to a suspended sentence; and (d) the Defendant again committed the instant crime without overcoming the impulse to use hallucinogenic substances; and (c) the Defendant himself/herself, recognizing the fact that there is a habitor to inhale Toluene, which is an industrial seal, expressed his/her intent to want medical treatment and custody; and (c) taking into account the process and details of the instant crime, the Defendant’s present condition, age, character and conduct, environment, etc., as a person addicted to hallucinogenic substances or has been addicted to them at the medical treatment and custody facility; and there is no need for appropriate medical treatment and custody.

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