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(영문) 울산지방법원 2013.09.16 2013고단2536
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

No person shall take in, inhale, or possess for this purpose any hazardous chemical substance prescribed by Presidential Decree, which causes smoking, hallucination, or anesthesia (hereinafter referred to as "hic substance").

Nevertheless, on July 9, 2013, the Defendant 23:25, at the Ulsan Jung-gu Dalla parking lot, margu, Ulsan-gu, U.S.A., the Defendant collected gas content in a part of “salining” butane gas, which is purchased at the nearby Mat, into a conspicuous plastic paper with a salining plastic paper, divided gas into a part of a “salining plastic paper”, and inhaled gas into the entrance of a plastic paper with a gas into which the gas was entered, and then inhaled carbon gas, which is a hallucinogenic substance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecution concerning D;

1. A protocol concerning the police interrogation of the accused;

1. Records of seizure and the list of seizure;

1. On-site and photographs of the suspect;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 6, 14, 17, 19 of the evidence list);

1. Article 58 subparagraph 3 of the relevant Act on the Control of Toxic Chemicals under Criminal Facts and Articles 43 (1) of the same Act;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (i.e., the Defendant was in a state of abuse of alcohol or respect for alcohol at the time of the above crime, and (ii) it is reasonable to deem that four weeks immediately before the crime was in a state of mental disability and injury, according to the respective statements made by the several agencies of the Defendant and the fact inquiry by this court)

1. It is so decided as per Disposition on the grounds of Article 48(1) of the Criminal Act or more;

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