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(영문) 수원지방법원 평택지원 2013.07.12 2013고단676
유해화학물질관리법위반(환각물질흡입)
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A defendant shall be punished by imprisonment for one year.

Seized principalboards (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to 8 months imprisonment with labor for a violation of the Toxic Chemicals Control Act at the Pyeongtaek District Court on September 12, 2012, and the Defendant had nine times the same military force on April 4, 2013 as the end of the execution of the sentence at the Net Prison on April 4, 2013.

【Criminal Facts】

Around 17:50 on June 1, 2013, the Defendant, at Ansan City C, put a Toluene, which is a hallucinogenic substance, into a sinyl chloride, and inhaled it into a sinyl chloride with a sinyl chloride.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Requests for appraisal;

1. Previous records before and after judgments: Criminal records, inquiry reports, investigation reports (the confirmation of the previous records, investigation records, records of investigation and inquiry, and application of statutes;

1. Article 58 subparagraph 3 of the relevant Article of the Toxic Chemicals Control Act and Article 43 (1) of the same Act concerning facts constituting an offense, and the selection of imprisonment;

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

1. As stated in the first head of the judgment on the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, it is inevitable to sentence the defendant on the ground that the defendant was sentenced to the same kind of crime and committed another case within the period of two months after the execution of the sentence was completed, and that the defendant was punished for the same kind of crime at least 11 times (10 times of actual punishment, 10 times of suspended execution).

However, the sentence shall be determined as per the order in consideration of various sentencing conditions, such as the fact that the defendant recognizes the crime and reflects the fact that there is a family member to support.

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