유해화학물질관리법위반(환각물질흡입)
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
A. Although the Defendant did not inhale the main body containing Toluene, which is a hallucinogenic substance, the Defendant was guilty of the facts charged in the instant case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. Even if there is no unreasonable sentencing, the lower court’s sentencing (2 million won of fine) is too unreasonable.
Judgment
A. The court below stated that the following circumstances acknowledged by evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) A police officer D, who was dispatched to the site at the time of the case, was used side by the defendant at the time of the dispatch; (ii) he stated that he was smelled by the defendant at the time of the dispatch; (iii) G at the time of the dispatch of the police officer, who reported the 112 report at the time of the case, had been sent to the defendant; (iv) the inspection used to inhale the d and the dial were seized in plastic bags; (iv) G stated that the contents of the report at the time of the trial were not memory; (v) according to the 112 report at the time of the case, the police officer conducted an investigation from 000 to 112:00 to 100 to 200 to ; (v) the defendant was admitted to evidence of the case at the time of the first investigation by the police officer at the time of the police station, but did not receive the investigation at the police station at 200 to 3.