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(영문) 서울중앙지방법원 2015.10.20 2015노3364

화학물질관리법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who had worked at the time of mistake of facts, only used a large quantity of Docking parking zone construction in the Seoul K cafeteria located in Seoul M, and used a large quantity of Dorings to inhale the Defendant’s body. Therefore, the lower court’s judgment convicting the Defendant of the violation of the Chemicals Control Act and the violation of the Road Traffic Act as prescribed in its reasoning is erroneous in matters of law by misunderstanding the facts against the rules of evidence and affecting the conclusion of the judgment. 2) The lower court’s sentence on the Defendant’s unfair sentencing (one hundred months of imprisonment and confiscation) is too unreasonable.

B. The sentence of the lower court against the Defendant by the Prosecutor (one hundred months of imprisonment and confiscation) is too unfluent and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the court below's determination of the defendant's assertion of mistake of facts: ① A witness D was on board a vehicle with the body of the defendant without any fresh, and immediately after the traffic accident, the defendant stated that the police officer in receipt of the report of traffic accident took a smell at the defendant's entrance; ② The police officer in receipt of the report of traffic accident also stated that the defendant took a smell at the defendant's entrance; ③ three industrial main bags and two main plastic plastic bags are found to have been used for the defendant's vehicle at the time; ④ According to the results of the appraisal by the National Science Investigation Institute, the defendant's vehicle could not be found in the state of normal operation.

Therefore, it is true.