수질및수생태계보전에관한법률위반등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 10 million won.
3.2
1. Summary of grounds for appeal;
A. Each punishment against the Defendants (the part of the charge) by the lower court is too unreasonable.
B. A prosecutor (1) Recognizing the fact that the defendant, submitted as evidence at the original trial by mistake of facts and misunderstanding of legal principles (not guilty part), has leaked wastewater containing six chroites in excess of the allowed limit.
(2) The lower court’s respective punishment on the Defendants is too uneasible and unreasonable.
2. As to the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the court below stated in detail the judgment against the prosecutor's assertion of mistake of facts and misapprehension of legal principles under the title of "the judgment of not guilty" in paragraph (3) of the judgment of not guilty. The judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts or misunderstanding of legal principles
Therefore, the prosecutor's above assertion is without merit.
3. As to the assertion of unreasonable sentencing
A. In full view of the overall sentencing conditions shown in Defendant A’s records and arguments, and the fact that the Defendant had no criminal record of the same kind or more imprisonment without prison labor or a heavier punishment and the Defendant removed wastewater discharge facilities and completed reports on air discharge facilities, the lower court’s punishment is so unfair. Therefore, the Prosecutor’s assertion of unfair sentencing against Defendant A is with merit, and the Prosecutor’
B. In full view of all the sentencing conditions shown in Defendant B’s records and arguments, the lower court’s punishment is too heavy or uneasible, and thus, the Defendant B’s assertion and the Prosecutor’s assertion of unreasonable sentencing as to Defendant B’s Defendant corporation is without merit.
4. According to the conclusion, Defendant A’s appeal is reasonable, and pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A among the judgment below is reversed, and it is again decided as follows, and Defendant B’s appeal is dismissed.