수질및수생태계보전에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Sentencing sentencing on the gist of reasons for appeal
2. The crime of this case was committed by installing and operating discharge facilities that discharge specific water-quality harmful substances in an area where the installation of wastewater discharge facilities is limited for the preservation of water quality. The crime of this case is not negligible in light of the purport of the relevant statutes in order to prevent harm to public health and the environment caused by water pollution and to properly manage and preserve water quality and aquatic attitudes.
However, taking into account the following circumstances: (a) the Defendant led to the confession of the crime and reflects the wrongness of the Defendant; (b) the Defendant entrusted waste treatment to a waste treatment business entity without discharging externally, and the Defendant appears to have caused water pollution following the discharge of wastewater; and (c) the current relevant ministries are currently reviewing the mitigation of the regulation on the restriction on the location of discharge facilities; (d) the Defendant’s age, sex behavior, environment, motive and means of the crime; and (e) the circumstances after the crime, including the fact that there was no history of punishment; and (e) the punishment of the lower court against the Defendant is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 75 of the relevant Act and subparagraph 2 of Article 75 of the Act on the Selective Water Quality and Livelihood Conservation for Criminal Facts (Selection of Penalty Surcharge) and Articles 33 (5) and 33 (6) of the same Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for reversal of the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order shall be determined as set forth in the Disposition above.