A. On October 20, 2017, the Defendant: (a) was aware of the fact or legal principles; (b) on the following occasions: (c) on the following occasions: (a) on the diversing of the Defendant’s inhaled on October 20, 2017 (2018 Height 2054); (d) the Defendant saw that he was in a drunken condition; (b) was engaged in a hardening substance, and (c) was aware of the fact that the given plastic paper was in a main machine; and (d) the Defendant did not inhaled the main dial as stated in the facts charged.

B) Even though the evidence submitted by the prosecutor alone was not proven without any reasonable doubt that the Defendant inhaled as stated in this part of the facts charged, the lower court determined that the Defendant was guilty in violation of the presumption of innocence.

2) On October 23, 2017, the Defendant, as to the inhaled point (2017 highest 75555), was drunk and breathed in front of a water source, and was put in a hand in the main machine in which the Defendant was about to take out tobacco and drat, and was reported to have the plastic drat in hand, and there was no fact that the main drat was inhaled as indicated in the facts charged.

B. The sentence of the lower court (one year and two months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

가. 2017. 10. 20. 자 흡입의 점에 관하여 1) 이 부분 공소사실의 요지 피고인은 2017. 10. 20. 03:50 경 수원시 장안구 D에 있는 ‘E’ 앞길에서, 흥분, 환각 또는 마취작용을 일으키는 톨루엔 성분이 함유된 펭귄 칼라 코크 자동차 공업용 본드 1개를 비닐봉지 안에 짜 넣은 다음 위 봉지 입구에 입과 코를 대고 숨을 들이마시는 방법으로 환각 작용을 일으키는 유독물을 함유하는 물질을 흡입하였다.

2) The lower court also asserted that the Defendant had the same purport as the assertion of mistake as to this part of the facts, and the lower court, based on the evidence duly adopted and examined by the lower court, stated in this part of the facts charged.