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(영문) 서울동부지방법원 2017.09.14 2017노694

먹는물관리법위반등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not participate in the crime of Defendant B and C, and even according to the facts charged, Defendant A’s act did not specifically and practically interfere with the performance of official duties.

B. The defendants' argument that the sentencing of the defendants is unfair is too unreasonable (the two-year imprisonment, the two-year imprisonment, the one-year imprisonment, and the one-year imprisonment).

(c)

The court below's improper assertion of sentencing is unfair because each sentence imposed by the prosecutor against the defendants is too unfortunate.

2. Determination

A. Defendant A argued the same purport in the lower court’s judgment as to Defendant A’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, and the lower court rejected all of the judgments in detail. According to the evidence duly adopted and examined by the lower court and the lower court’s judgment is justifiable. Thus, Defendant A’s above assertion is without merit.

B. The crime of this case, which issued a false test report on the suitability as a drinking material to determine each of the unfair arguments on sentencing, and prevented a government agency from taking appropriate measures for the quality control, etc. of underground water, is a serious crime that infringes on the health of the people and impairs the people's trust on drinking water.

In addition, considering the degree and method of the Defendants’ participation in the crime, the degree of benefit from the crime, and the circumstances after the crime, etc., all of the sentencing conditions indicated in the pleadings of the instant case are examined. As such, the lower court’s punishment on the Defendants is too heavy or is deemed unfair, the aforementioned arguments by the Defendants and the prosecutor are without merit.

3. According to the conclusion, each appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.