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(영문) 의정부지방법원 2013.05.31 2013노36

대기환경보전법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the summary of the grounds for appeal (one million won per fine against the defendant) is too unfased and unfair.

2. Determination

A. When comprehensively examining all of the sentencing factors indicated in the argument of this case, including the Defendant’s age, character and behavior, environment, family relationship, circumstances of crime, means and result of crime, etc., the sentence of the lower court is proper and it is not recognized that it is too unreasonable, and thus, the Prosecutor’s grounds for appeal are without merit.

B. After the crime of Defendant B Co., Ltd. was committed, the corrective measures have been completed by attaching the integrating power meter, the Defendant’s business environment has deteriorated, making a decision to commence rehabilitation procedures against the Defendant (the decision to commence rehabilitation procedures has been made at the Seoul Central District Court on October 24, 2010), and comprehensively examining all of the sentencing factors indicated in the instant pleadings, including the means and results of the crime, the background and circumstances after the crime, etc., in light of the overall review, the sentence of the lower court is proper, and it is not deemed unfair, and thus, the Prosecutor’s grounds for appeal are without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.