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(영문) 인천지방법원 2013.12.18 2013고단5319
유해화학물질관리법위반(환각물질흡입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On April 21, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of injecting hallucinogenic substances at the Incheon District Court on September 10, 201, and completed the execution of the sentence at the Incheon District Detention Center on September 10, 201. On August 31, 2011, the Incheon District Court sentenced two years of imprisonment with prison labor for a crime of violating the Toxic Chemicals Control Act (Smoking of hallucinogenic substances) at the Incheon District Court on December 28, 201, and completed the execution of the sentence at the Daejeon Prison on June 23, 2013.

【Criminal Facts】

around 20:50 on July 18, 2013, the Defendant 2013 Gooman 5319, the Defendant inhaled for about 5 minutes, in a way that he was in possession of hallucinogenic substances, which had already been purchased at the bus stops in front of the C secondary school located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, in a vinyl paper, in a conspiracy to a vinyl paper, and then inhales them at the entrance.

around 17:10 on 06. 17:10 on 2013, the Defendant inhaled the D apartment 104-dong, Nam-gu, Incheon, by inserting the Toluene, which is a hallucinogenic substance, in a conspiracy into a plastic wing box, and scam and scambling at the entrance of the wing paper.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. The 2013 Highest 6211, a photo of the body of the public officials who have requested an appraisal;

1. Requests for appraisal, reports and photographs of evidence (the previous record on the market);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., investigation reports (Attachment to repeated criminal records), reports on the results of dispositions and previous trials, copies of certificates of confinement, and the number and confinement status of individuals;

1. Article 58 of the relevant Act concerning facts constituting an offense, and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act that choose a penalty;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant led to the crime of this case. However, even though there have been several criminal records of punishment for the same crime, this case is again made within the period of repeated crime that has not been much much after release.

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