Even so, the lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant sold garbage crushing machine not certified.

2) Article 76 subparag. 2 of the misunderstanding of the legal principles and Article 33 subparag. 1 of the Sewerage Act do not provide for any meaning or specific criteria to significantly deteriorate the quality of sewage, but also provide for criminal punishment according to arbitrary judgment of the Minister of Environment. Therefore, it goes against the constitutional clarity principle.

However, the lower court found the Defendant guilty of the instant facts charged based on the foregoing provision.

2. In full view of the following circumstances revealed by the evidence duly admitted and investigated, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable.

① The Ministry of Environment conducted a product test on whether food wastes are recovered at least 80% or discharged at less than 20% of the weight of each product when conducting an examination for the certification of pulverization of garbage for kitchen use (No. 2013-179 of the Ministry of Environment Notice, No. 31 of the Investigation Records). Accordingly, if a product can be cut off arbitrarily by a consumer, it would not have been certified at the time.

(2) In fact, the Defendant’s garbage crushing machine certified in 2012 consists of all connective parts of the oil network (48-49 pages of investigation records) and consumers could not arbitrarily separate the oil network.

The Defendant also stated in an investigative agency that the instant garbage crushing machine can be certified to prevent consumers from spreading the oil network (106 pages of investigation records). (3) Ultimately, the instant garbage crushing machine can be easily separated from the oil network in 2012.