Text
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. Improper sentencing for each of the reasons for appeal;
2. The crime of this case was committed by installing and operating discharge facilities that discharge specific water-quality harmful substances in an area where the installation of wastewater discharge facilities is limited for the preservation of water quality. The crime of this case is not negligible in light of the purport of the relevant statutes in order to prevent harm to public health and the environment caused by water pollution and to properly manage and preserve water quality and aquatic attitudes.
However, in light of the above circumstances, the lower court’s punishment against the Defendants is somewhat unreasonable, taking into account the following factors: (a) Defendant A led to the confession and mistake of the crime; (b) did not discharge externally and did not commission waste treatment to a waste treatment company; (c) did not generate water pollution due to the discharge of wastewater; and (d) the current relevant ministries are reviewing the mitigation of the regulation on the use of water discharge facilities; and (c) Defendant A’s age, sex behavior, environment, motive and means of the crime; and (d) the sentencing conditions such as the following: (a) Defendant A’s age, sex behavior; (b) the motive and means of the crime; and (b) the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A: Article 75 subparag. 2, Article 33 subparag. 5, and Article 6 (Selection of Penalty) of the Water Quality and A of the Act on the Preservation of Water Quality and Fish-Organisms: Articles 81, 75 subparag. 2, and 33(5) and (6) of the Act on the Preservation of Water Quality and Fish-Organisms (Selection of Penalty): Articles 85 subparag. 2, 75 subparag. 2, and 33(5) and (6);
1. Defendant A to be detained in a workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.