수질및수생태계보전에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle) recognized all the facts that Defendant C intentionally operated the measuring device and caused the failure to conduct a normal measurement. While Defendant C was found to have operated the measuring device under the direction or cooperation of Defendant A and B, the conspiracy relation between the Defendants was recognized, the lower court acquitted the Defendants, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. Determination
A. The summary of the facts charged is an employee of the NN (hereinafter referred to as the “instant Council”) affiliated with the NN (hereinafter referred to as the “O”) which operates the M facilities in Sejong City L, and Defendant B entrusted the management of M facilities for the purpose of the entrusted management of water pollution prevention facilities. Defendant C is an employee of the P Co., Ltd. (hereinafter referred to as the “P”) who entered into a contract for maintenance and repair of water quality measuring devices (Tms) with the NN Association, an incorporated association, for the purpose of the entrusted management of water pollution prevention facilities.
Defendants conspired and conspired on February 19, 2014, at the TPP L (the place where water quality is measured by the remote water quality monitoring system) around 18:00, and at the same time, they shall not intentionally fail to operate measuring devices or prevent any normal measurement from being performed in wastewater terminal treatment facilities, etc., but around that time, there was an accident where only one of the enterprises located in Q industrial complex located in Q industrial complex discharges toxic substances (hereinafter “accident in this case”). From around 17:00 on February 12, 2014, after the COD measured continuously exceeded the permissible discharge level, in order to manipulate the water quality pollutants concentration of samples subject to water quality measurement to lower the water quality measurement level, the Defendants shall not operate the TPP’s factoring standard from 1:05 to 0.5 on July 5, 2014 without any objective data in the case of COD’s measuring base value from COD to 1 to 0.5 on July 7, 2015.