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(영문) 대구지방법원 2019.03.29 2018노3620
물환경보전법위반
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of KRW 1.5 million is imposed on the Defendants) imposed by the lower court on the Defendants.

2. The judgment of the Defendants are acknowledged that the Defendants reflect each of the instant crimes, there are reasons to take certain extent into account the circumstances leading to the instant crimes, and that wastewater generated was entrusted to the disposal of wastewater and was not actually discharged from the outside, and that the Defendant A did not have the same criminal record.

However, since it is difficult to easily see environmental hazard caused by water pollution, and has a significant impact on public health, it is also recognized that there is a great need to punish the Defendants, Defendant A has three-year criminal records, and the amount of the above fine is excessive in light of the Defendants’ career, economic power, etc.

In addition, considering various circumstances such as Defendant A’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime is committed, it is not recognized that the sentence of the lower court is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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