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(영문) 서울남부지방법원 2018.03.13 2018고단70
절도등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around December 27, 2017, at a convenience store where the name near the digital storage area of the additional subway of Geumcheon-gu Seoul Metropolitan Government, was unknown; (b) around December 27, 2017, the Defendant stolen 4 parts of the additional carbon gas of the victim’s market value, 6,800 won, which is the victim’s ownership, where the name was displayed through a cre in which the employee’s surveillance was neglected and the name was unknown.

2. No person who has violated the Chemicals Control Act shall take in or inhale hallucinogenic substances, which are chemicals causing smoking, hallucination, or anesthesia, or possess them for such purposes;

Nevertheless, around December 29, 2017, the Defendant inhaled hallucinogenic substances by taking in his own front the shot gas inhaled from the second male toilet of the second male floor underground of the Geumcheon-gu Seoul Metropolitan Government building, such as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to field photographs and photographs of seized objects (four copies of butane gas);

1. Relevant legal provisions of the Criminal Act and Articles 329 (Larceny and Selection of Imprisonment) 6 and 22 (1) (To inhale hallucinogenic substances, and choose of imprisonment) of the o Chemicals Control Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The decision of imprisonment shall be made in consideration of the fact that Article 186 of the Criminal Procedure Act bearing the costs of lawsuit commits a second offense in several times of the same kind of records of sentencing, and the punishment shall be determined as ordered in consideration of the defendant's age (18 years old), medical intent, environment, etc.

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