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(영문) 춘천지방법원 강릉지원 2014.11.28 2014고단934
유해화학물질관리법위반
Text

A defendant shall be punished by imprisonment for one year.

Evidences 1 through 3 seized by the Defendant [The Home Costa (15 copies of teaching materials)]

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2013, the Defendant, at the Seoul Southern District Court, sentenced one year and two months of imprisonment with labor for a violation of the Toxic Chemicals Control Act (nivement of hallucinogenic substances), and completed the execution of the sentence at Seongdong-gu District Court on November 9, 2013.

【Criminal Facts】

No person shall inhale toxic chemicals which cause interest, hallucination, or anesthesia.

Nevertheless, between October 18, 2014 and 16:41 in the East Sea, the Defendant injected only several times by inserting one nick for teaching materials containing hallucinogenic substances in vinyl strings and the stairs of the first floor of the building in the East Sea, which are located in Dsanbu and D acid C, and in which the Defendant inhales them over several times at the entrance of the string of the string.

Summary of Evidence

1. Defendant's legal statement;

1. Report on arrest of the suspect;

1. Two copies of a request for appraisal;

1. Receipts:

1. Seized objects and photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. Despite the fact that there are many punishment records, such as imprisonment with prison labor and medical treatment and custody for the same kind of crime, which are favorable circumstances, such as the fact that the defendant's mistake in the form of punishment under Article 48 (1) 1 of the Criminal Act, the fact that the defendant has been recognized and repented, the relationship with his family has been read, and that active rehabilitation treatment is required rather than for a prolonged isolation with the society, etc., the punishment shall be determined as ordered by the order, taking into account the circumstances shown in the arguments, such as imprisonment with prison labor and the fact that the punishment for the same crime is very heavy during the period of repeated crime, and the responsibility for such crime

It is so decided as per Disposition for the above reasons.

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