Criminal facts cited by the court of first instance as cited by the court below

(1) Defendant 2 conspired with Nonindicted Party 1, 2, and 3 on September 1978 to August 1, 1979, raising approximately 16,00 tons of pigs between them, and raising them to the end of 16,000 tons of pigs, and raising them to the end of 1979, the Defendant 2 laid off from the flood tank, which is the foul waste treatment facility installed on the Gyeongan river, for the purpose of treating the excreta in secret, 45 cent in diameter and 50 meters in length to the Gyeongan river, and discharges approximately 50 tons of foul waste 96 tons of foul waste discharged every day to the Gyeongan river, public waters.

(2) In collusion with Nonindicted Party 1, 2, and 3, from September 1979 to March 1980, Defendant 1 and 2 recognized that, in order to treat the excreta in collusion, Defendant 1 and 2 laid down 30,000 pigs from around 197 to around 198, it applied the foul waste treatment method to the public waters where: (a) 45% in diameter, 167.5 meters in length, and 45% in diameter, 5 meters in length, each of the secret drainage of 5 meters in length is connected to the snow draining of 50 meters in length; (b) 45% in diameter, 7.5 meters in length, and 180 tons in width, which are installed at a boomum, to treat the excreta in secret; and (c) 180 tons in bulk, which are 180 tons of foul waste discharged from the said pigs; and (d) 27,000 tons of foul waste discharged from public waters without justifiable reasons.

However, Article 37 of the same Act provides that foul waste shall be disposed of naturally as it is, and Article 39 of the same Act shall apply to the case where the terminal treatment facilities of foul waste, etc. are installed and operated as it is, and Article 37 of the same Act shall apply to the case where the terminal treatment facilities of foul waste are not installed with the approval of the head of the environmental office in accordance with Article 9 (1) of the Littering Act and Article 2 of the Enforcement Rule of the same Act, and where the terminal treatment facilities of foul waste are installed without the approval of the head of the environmental office, or where the defendants fail to operate the facilities differently in accordance with the installation regulations, directly release foul waste from a river without passing through the facilities, or if they are discharged through the facilities, the quality of the discharged water shall be applied only when the water exceeds the statutory standard values (Article 25 of the Enforcement Rule of the same Act as the water quality standard for the outflow of foul waste). Thus, the court below erred in the misapprehension of legal principles as to the crime of violating Article 37 of the Environmental Conservation Act.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jong-soo (Presiding Justice)