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(영문) 서울북부지방법원 2014.08.14 2014고단893
유해화학물질관리법위반(환각물질흡입)
Text

The defendant shall be innocent.

Reasons

1. On November 14, 2013, from around 21:00 to 22:00 of the same day, the Defendant inhaled an industrial principal dynas containing hallucinogenic substances in a stoke-dong, Junggu, Seoul, using an industrial principal dynasium containing hallucinogenic substances, into a vinyl dynasium at the entrance of the Defendant, and then inhales it in a way that he s to stop and s to cover it at the entrance.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(3) On November 15, 2013, on the following day after the date and time indicated in the facts charged, the Defendant appeared at the public prison on July 22, 2010, and was punished for the violation of the Toxic Chemicals Control Act due to inhaled in the instant case on several occasions before the date indicated in the facts charged, and based on the evidence submitted by the public prosecutor, it can be acknowledged that the Defendant’s urient reaction occurred as a result of the Defendant’s urinal test conducted around 09:30 on November 15, 2013, on the following day. However, it is examined whether the Defendant intentionally inhaled Toluene on the date indicated in the facts charged, and ① the Defendant was punished for the violation of the Toxic Chemicals Control Act due to inhaled in the instant case, and was released from the public prison on March 3, 2013 to the instant case, and was supervised and supervised by the Defendant on March 13, 2013.

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