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(영문) 부산지방법원 동부지원 2016.02.16 2015고합208
화학물질관리법위반(환각물질흡입)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

One of the seized principalboards (Advance coke, advanced COs)(No. 1).

Reasons

Criminal facts

On July 26, 2013, the facts constituting the cause of the treatment, custody and custody [criminal records] Defendant and the requester of the treatment, custody and custody (hereinafter referred to as “Defendant”) were sentenced to imprisonment with labor for a crime of violation of the Toxic Chemicals Control Act in the Dong branch of the Busan District Court on July 26, 2013, and on June 18, 2014, seven times more of the records of punishment for the same crime except for the completion of the execution of the sentence in the smuggling detention center.

No person may take in, inhale, or possess hallucinogenic substances that cause smoking hallucination or anesthesia for this purpose. However, around 11:00 on November 26, 2015, the Defendant, in a residential room located in Busan Nam-gu, Busan, he/she puts the advanced coke, containing hallucinogenic substances, into a vinyl c, and inhales them in a vinyl cipin and a vinyl cipin with approximately three minutes.

[Facts of the cause of the treatment and custody] The Defendant committed the instant crime corresponding to imprisonment without prison labor or heavier punishment, and needs to receive treatment at the treatment and custody facilities, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A report on investigation, on-site photographs, response to requests for appraisal, and an appraisal report on hallucinogenic substances;

1. Previous convictions indicated in the judgment: A response to inquiries, such as criminal history, (A), a copy of the investigation report (report attached to the text of the judgment), a copy of the judgment, a report on investigation (prior offense), and the current status of personal identification and acceptance;

1. As indicated in the judgment, the need for medical treatment, and the risk of recidivism [the Defendant has been subject to criminal punishment for at least eight times due to a crime of inhaleing hallucinogenic substances, and had the record of being given three times the medical care and custody, the Defendant again committed the instant crime that inhales hallucinogenic substances in the instant case on June 18, 2014, when one year and five months have passed after the completion of punishment due to the violation of the Toxic Chemicals Control Act (a crime of inhaleing hallucinogenic substances), and other circumstances after the Defendant committed the crime.

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