수도법위반
The judgment of the court below is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. The place where the Defendants were engaged in multiple chains is not a water source protection area.
B. The sentence of the lower court (each fine of KRW 500,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that no person engaged in any act that may pollute water sources, such as catching or cultivating fish or shellfish, at a place designated and publicly announced as a water source protection area in order to secure the water source and preserve the water quality of water sources, the Defendants conspired on June 22, 2013, and captured a divers of approximately 5 kmg of water in a water source protection area using the water network and the divers of divers in a lusical lusium located in a water source protection area, if the Defendants acted in collusion.
B. The lower court found the Defendants, based on the macroscopic evidence, that the Defendants captured scopics within the water source protection area indicated in the facts charged.
C. In full view of the following circumstances acknowledged by the records of the instant case’s judgment, it is insufficient to recognize the fact that the Defendants sleep in the water-source protection area, and there is no other evidence to acknowledge it.
Therefore, the above assertion by the Defendants is justified.
1) The smuggling surveillance team E, which discovered the Defendants and handed over to the police box, was made a statement (Evidence Nos. 41, 42, and 56 pages) at the police and the court of the court below to the effect that the Defendants were sleeping in the water source protection area adjacent to the Seocho Village platform. The above slicking surveillance team member was testified at the court of the court below (Public trial record No. 45-46 pages), and the Defendants appeared to have sleep in the platform near the Seocho Village platform. The Seocho Village platform is located outside the water source protection area (the trial record No. 38 pages and the area adjacent to the Seocho Village platform).