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(영문) 서울북부지방법원 2013.07.25 2013고합144
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody (criminal records) and the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") were sentenced to medical treatment and custody for eight months on June 29, 2007 for the violation of the Toxic Chemicals Control Act at the Seoul Central District Public Prosecutor's Office; the transfer of the case to the Juvenile Department on July 24, 2008 for the violation of the Toxic Chemicals Control Act at the Seoul Central District Public Prosecutor's Office on July 24, 2008; the Seoul Central District Public Prosecutor's Office was sentenced to a fine of three million won on February 21, 2008 for the violation of the Toxic Chemicals Control Act at the Seoul Central District Court on January 11, 2013; the person who was sentenced to medical treatment and custody for eight months on April 14, 201 for the violation of the Toxic Chemicals Control Act; and the execution of the case on July 17, 2011.

【Criminal Facts】

1. Around 16:00 on May 5, 2013, the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant”) injected hallucinogenic substances for about 30 minutes at the Defendant’s house located in Seongbuk-gu Seoul, Dongdaemun-gu, Seoul, in an industrial contact to the lusium containing hallucinogenic substances purchased at the bar located in Seongbuk-gu Seoul, Seoul. In addition, the Defendant 201 inhaled the hallucinogenic substances for about 30 minutes at the entrance of the Defendant.

2. At around 13:30 on May 10, 2013, the Defendant inhaled, in the event at the F Green Park in Dongdaemun-gu Seoul, one “tomccoke”, a terroke, which contains lucenium purchased at the time specified in paragraph (1), in the manner described in paragraph (1).

[Facts of the cause of medical treatment and custody] The defendant is a person who has a habit of inhaleing substances that are likely to be abused or harmful, and needs to receive medical treatment at a medical treatment and custody facility after committing a crime corresponding to imprisonment without prison labor or heavier punishment, and the risk of recidivism.

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