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(영문) 대구지방법원 포항지원 2013.03.21 2013고단75
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for six months.

One of the seized mainboards (for industrial purposes presumed to be the mainboard) and the remaining mocoke.

Reasons

Punishment of the crime

Around 14:30 on January 29, 2013, the Defendant injected a hallucinogenic substance for about five minutes by inserting one of the three-minutes industrial keyboards containing Toluene, which is a hallucinogenic substance, into a white sanitary package, and then melting the entry and nose into a vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure and the list of seizure;

1. A letter of request for verification as to detection of hazardous chemicals and an appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (additional seized articles, etc. (Attachment of photographs), investigation reports (Attachment of photographs of the articles seized as originals, etc.);

1. Article 58 of the relevant Act on criminal facts and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act, the selection of punishment;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant inhales hallucinogenic substances even though he/she had been sentenced several times of punishment due to the inhalement of the same type of hallucinogenic substances. In light of the background and method leading to the instant crime, and the fact that there is a high risk of leaving the instant crime into a separate crime in a halluculative state, the nature of the crime is not good, and the responsibility for the crime is more important.

Considering these circumstances, the sentence of sentence is inevitable for the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized his/her criminal act and repented his/her mistake in depth, and the fact that after the completion of the final sentence on July 23, 2008, the defendant seems to have lived in good faith without inhaleing hallucinogenic substances until he/she commits the crime in this case.

In addition to these points, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, and the scope of the recommended sentence as set out in the sentencing guidelines [the basic area of the Type 1 (Hicicicinant)], such as imprisonment with labor for not less than six months and not more than one year, and the scope of the recommended sentence set out in the sentencing guidelines.

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