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(영문) 부산지방법원 2017.03.17 2017노129

대기환경보전법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio the judgment of the court below on the charge of violating the Air Quality Conservation Act prior to determining the grounds for appeal by the defendant.

Where several acts falling under the name of the same crime are continuously conducted for a certain period under the criminal intent of a single and continuous criminal intent and the benefit and protection of the same law is the same, each act shall be punished by a single comprehensive crime (see Supreme Court Decision 96Do417, Apr. 23, 1996). In light of the above legal principles and the evidence duly adopted and investigated by the court below, the defendant's crime of this case was 925 two-wheeled automobile imported without certification of exhaust gas from April 10, 2013 to June 30, 2016 without certification of exhaust gas from the Minister of Environment, and this constitutes a single and continuous criminal act in the same manner at the same place under three years, and each of the above crimes of this case constitutes a single crime, each of the above crimes constitutes a single crime, and thus, the court below erred in the misapprehension of legal principles as to each of the above crimes, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.