수질및수생태계보전에관한법률위반
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that each of the punishments (Defendant A: 1 year and 6 months of imprisonment, 120 hours of community service, 2 years of suspended sentence of imprisonment for one year, 1 year of suspended sentence of one year, 120 hours of community service, 120 hours of community service) that the court below pronounced is too unfasible
2. The crime of this case is a serious crime that has a fatal impact on national health and the environment, which causes enormous social costs, and that there is a character that makes it difficult to recover damage on the environment due to it, and that Defendant A has a record of being punished for the same crime.
However, in consideration of the following factors: (a) the Defendants’ mistake is divided; (b) there is no history of punishment for the same kind of crime; (c) there is no history of punishment for all the Defendants; (d) there is no history of punishment heavier than a fine; and (e) the full payment of a penalty surcharge, etc.; (c) the wastewater treatment is entrusted to an external company; and (d) the Defendants’ age, sexual behavior, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the lower court’s
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.