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(영문) 수원지방법원 2017.05.19 2017노1568
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

The request for adjudication on the constitutionality of the instant case shall be dismissed.

Reasons

1. Reasons for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant inhaled it with knowledge that the substance was included in hallucinogenic substances because it was indicated as a synthetic rubber on the outer side of the main body of the instant case, and there was no indication that it was included in luene or any other luene.

2) The appraisal report was forged in light of the detection of the results of the assessment of the instant House without the indication that the Toluene was included as above.

3) As long as the written appraisal is forged, it shall not be admitted as evidence, and therefore, the confession of the defendant shall be the only evidence against the defendant, and the defendant shall not be admitted as evidence of guilt, and the defendant shall be convicted on the basis of the confession without any supporting

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant had the intent to inhale hallucinogenic substances, taking into account the method of inhaleing the main body of the instant case, the process of inhalement, the Defendant’s history, etc.

that the written appraisal is forged.

The confession of the defendant cannot be seen as the only evidence of the crime of this case. Thus, this part of the defendant's assertion is without merit.

① On December 4, 2016, the police officer reported that “snurting drums in a park” was “snurting them in a park,” and sent to D Park located in Suwon-si, Suwon-si, the police officer arrested the Defendant, who was surbling the drum in a plastic wing box in a park, and was arrested as a current offender.

② At the time, the Defendant had the knovak’s knovak’s kn’s kn’s kn’s kn’s kn’s kn’s

③ At the time, the police officer’s seizure of the instant vinyl paper and the instant “knife coke” keyboard from the Defendant, and requested the appraisal thereof.

(4)

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