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(영문) 대전지방법원 천안지원 2013.05.16 2013고단399
유해화학물질관리법위반(환각물질흡입)
Text

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

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

On September 9, 2010, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Toxic Chemicals Control Act in the support of the Daejeon District Court, which was sentenced to a suspended sentence of two years, and on June 10, 201, the said court was sentenced to four months for a violation of the Toxic Chemicals Control Act (Dangerous Substances). On August 12, 201, the said suspended sentence was invalidated, and the period of parole was expired on April 30, 2012 during the execution of the said sentence.

No person shall inhale toxic chemicals which cause interest, hallucination or anesthesia.

Nevertheless, around 09:53 on April 10, 2013, the Defendant dydry field near the aftermath of the C Elementary School at Asan City, and dydry field near the aftermath of the Chydrydydydry, one of the "large dydydydydydydydyd" of an industrial violent substance containing Toluene, into a white plastic fydydyd, and dyds and nose dyds over five to six times in the given plastic fydy

Accordingly, the defendant inhaled toxic chemicals.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written appraisal;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referring to relevant written judgments, accompanied by a copy of summary order, and reporting on the date of release);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] - Hoisonous substances [Special Aggravation of Punishment] - Determination of the same criminal record (not less than a three-year suspension of execution) / Determination of the recommended field] / [Scope of Recommendation] 8 to 1 year and 6 months [general / Reduction element] : Voluntary and affirmative treatment doctor of drug addicts [Scope of Punishment] applicable provisions: 1 to 3 years [Determination of Punishment] - The defendant is a criminal act for the period of repeated offense, and the defendant is presumed to have suffered from suffering from symptoms even though he/she is not to the degree of mental or physical disability.

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