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(영문) 대구지방법원 2013.10.17 2013고단5038
유해화학물질관리법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On April 29, 2008, the Daegu District Court sentenced one year of suspended execution to six months of imprisonment for a violation of the Toxic Chemicals Control Act, and two years of suspended execution to eight months of imprisonment for the same crime in the same court on January 14, 2010. On June 8, 2012, the same court was sentenced to two years of suspended execution to six months of imprisonment for the same crime and became final and conclusive on June 16, 2012.

【Criminal Facts】

No person shall take in, inhale, or possess for this purpose any hazardous chemical substance prescribed by Presidential Decree which causes smoking, hallucation, or anesthesia.

Nevertheless, around 16:45 on August 23, 2013, the Defendant inhaled the Daegu Suwon-gu C, and inhaled it for about 40 minutes by inserting the main 'topcoke', which is a hallucinogenic substance, in the color vinyl, in a lux, in a lux, and in a lux, in a lux, into the entrance of the luxin plastic paper, and a luxing and hiding into the lux at the entrance of the lux.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (in relation to attachment of photographs of seized articles, references to requests for appraisal): Criminal history records, etc. inquiry reports (A), criminal investigation reports (Attachment to judgments), copies of decisions of 2008 high-level 814, copies of decisions of 209 high-level 4776, high-level 2009 high-level 4853, copies of decisions of 2009 high-level 4853, and copies of decisions of 2012 high-level 1008;

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

1. The Defendant, for reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act, has been sentenced to a suspended sentence for the same kind of crime in 2008 and 2010, and the Defendant again committed a second offense and was sentenced to imprisonment for six months in the first instance court in 2012, and the appellate court ordered the Defendant not to repeat a second offense, taking into account the circumstances such as that the Defendant would be against the Defendant and would not repeat a second offense at the appellate court, and thus, again committed the instant crime, the Defendant again committed the instant crime.

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