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(영문) 대법원 2016.04.12 2016도2181

유해화학물질관리법위반(환각물질흡입)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of the violation of the Toxic Chemicals Control Act (snorting hallucinogenic substances) among the facts charged in the instant case on the ground that there is no proof of crime.

Examining the record, the above determination by the court below is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, although the prosecutor appealed against the entire judgment of the court below, the prosecutor did not find out the grounds of objection against the petition of appeal or the reasoning of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.