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(영문) 서울북부지방법원 2017.05.31 2017고단1250
화학물질관리법위반(환각물질흡입)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One knife (No. 1), one butane gas (No. 2).

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Chemicals Control Act (nurting hallucinogenic substances) at the Seoul Southern District Court on September 17, 2015, and completed the execution of the sentence at the Seoul Southern District Court on November 27, 2016.

1. Around March 27, 2017, the Defendant, in violation of the Chemicals Control Act (snrinking hallucinogenic substances), c and 202 around March 27, 2017: (a) classified the Defendant’s residential area and neighboring street of the Defendant’s residential area in Jung-gu Seoul, Seoul, and 202 into a hackh gas product for household use, and hackh gas was inhaled into a hackh; and (b) 2 through 3 parts of hackh gas was inhaled into a hackh gas in a hacking manner.

2. The Defendant committed a violation of the Punishment of Violences, etc. Act (a person committing a crime) by putting his knife (29cm in total length, 18cm in length), which is a dangerous object in the street near the Seoul Western-gu, Seoul, on his/her hand, and carrying with him/her dangerous objects that are likely to be used for violent crimes without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 59 of the relevant Act concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 (1) of the Chemicals Control Act that choose a punishment, and Article 7 of the Punishment of Violences, etc. Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. As to the assertion of mental and physical weakness by the defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserted mental and physical weakness as to the violation of the Punishment of Violences, etc. Act among the facts charged in the instant case. However, in light of various circumstances, such as the circumstance of the crime, means, and the defendant's act before and after the crime, it seems that the defendant lacks the ability to discern things at the time of the crime, or make decisions.

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