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(영문) 서울중앙지방법원 2013.06.13 2013노1274
위계공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, the Defendant was at the time of committing the instant crime, and the volume of wastewater discharged in this case did not lead to a large amount. However, as the lower court properly explained, the instant crime interferes with the discharge of wastewater by manipulating samples, and caused serious harm to public health and the environment caused by water pollution by discharging wastewater without permission, and its nature is heavy. The Defendant’s first violation of the punishment of wastewater 400 tons from early police officers to May 20, 208, which discharged wastewater without flowing it into prevention facilities, and the Defendant was sentenced to an order to provide community service for 10 years and 80 hours of imprisonment on October 28, 2008, which was sentenced to the Defendant’s imprisonment with prison labor, 20 years of suspension of execution, and 27 tons of wastewater discharged over permissible discharge standards without operating prevention facilities on October 20, 2011, and thus, it is not necessary to view the Defendant’s aforementioned judgment to have been sentenced to imprisonment with prison labor for one year and 27 years of suspension of execution.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the "written statement by the prosecution against K" in the second sentence of the evidence of the court below is an error in the "written statement by the prosecution against K".

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