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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Article 76 subparag. 2 of the Sewerage Act, which is a provision on punishment against the accused, provides that “a person who manufactures, imports, or sells a specific industrial product in violation of an order issued under Article 33(1) of the same Act shall be punished by imprisonment for not more than two years or by a fine not exceeding 20,000,000 won.” Article 33(1) of the same Act provides that “When the Minister of Environment determines that the use of a specific industrial product, as prescribed by Presidential Decree, is likely to significantly deteriorate the quality of sewage, the Minister of Environment may order the prohibition or restriction of the manufacture, import, sale, or use of the relevant specific industrial product after consultation with the head of the relevant central administrative agency.
"........"
In doing so, Article 33(1) of the Sewerage Act is unconstitutional because it is unclear to determine that the water quality of sewage is remarkably aggravated in any case, and it is against the principle of clarity derived from the principle of statutoryism. The judgment below which found the Defendant guilty of the facts charged of this case based on each of the above provisions is erroneous in the misunderstanding of the legal principles of statutoryism, which affected the conclusion of the judgment.
B. Sentencing (Punishment of the lower court: Fines 2,000,000)
2. Determination
A. Judgment on the misapprehension of the legal doctrine 1) The Defendant asserted the same purport in the lower court.
In regard to this, the lower court determined that Article 33 (1) of the Sewerage Act does not violate the principle of clarity required in the criminal legal principle, based on the following legal principles.
(1) The principle of clarity derived from the principle of statutoryism means that anyone can anticipate what is the act in which the law intends to punish and what is the punishment for it, and that sets forth clearly the constituent requirements so that anyone can decide his/her act accordingly.
However, the requirements of the Punishment Act are set up.