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(영문) 서울북부지방법원 2014.03.18 2013고단2298
유해화학물질관리법위반(환각물질흡입)
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1. The defendant shall be punished by imprisonment for one year;

2. One (No. 1) the seized butane gas shall be confiscated;

Reasons

Punishment of the crime

[Criminal Justice] On October 26, 201, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Chuncheon District Court on January 19, 2012, and completed the execution of the sentence at the Seoul Detention Center on January 19, 2012. On September 5, 2006, the Defendant was sentenced to 1 year of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Seocho District Court’s Seocho Branch Branch on September 5, 2006, and 10 months of imprisonment with prison labor for the same crime at the Seoul Northern District Court on May 1, 2008.

【Criminal Facts】

On September 1, 2013, around 19:10 on September 1, 2013, the Defendant inhaled the coke of one exhaust gas in the “D Park” located in Dongdaemun-gu Seoul Metropolitan Government, and inhaled the hallucinogenic substance by means of cutting off the gas from the powder to its own as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Police seizure records;

1. The existence of subparagraph 1 of seized evidence;

1. Previous records of judgment: Application of criminal history records, investigation reports (revolving repeated crimes, confirmation, previous records and confirmation), and 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. Article 35 of the Criminal Act among repeated crimes;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. In light of the fact that the reason for sentencing under Article 48(1)1 of the Criminal Act is a repeated crime for the reason of sentencing, and the repeated crime of violation of the Toxic Chemicals Control Act is committed, and the defendant's age, character and conduct, environment and other various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records of this case are considered, the sentence of sentence against the defendant is deemed inevitable, and it is so decided as per Disposition.

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