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(영문) 부산지방법원 2013.10.31 2013고단5962
유해화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On November 30, 2012, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Busan District Court for a violation of the Toxic Chemicals Control Act.

At around 12:40 on September 8, 2013, the Defendant injected hallucinogenic substances by inserting four 640g of 160g lux, which is a hallucinogenic substance, into a vinyl flux, and breathizing them into a vinyl flux, and breathizing them into a vinyl flux.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Investigation report (the result, etc. of the main appraisal);

1. Previous records of judgment: Criminal records and investigation reports (verification of previous records of the same offense, and the application of Acts and subordinate statutes;

1. Article 58 subparagraph 3 of the Toxic Chemicals Control Act and Article 43 (1) of the same Act on criminal facts;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant was sentenced to a suspended sentence for the same crime under Article 48(1)1 of the Criminal Act, and again committed the crime in this case during the suspended period, and that he was prosecuted for a simple inhaled one time, etc.

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