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(영문) 대법원 1988. 3. 22. 선고 87도1796 판결
[비료관리법위반][공1988.5.1.(823),728]
Main Issues

Whether the powder of the White Round corresponds to the “other substances which impair the quality of the fertilizer” as stipulated in Article 19 of the Fertilizer Control Act.

Summary of Judgment

The white powder powder used as a raw material in the course of producing the small seat membership fees shall not fall under the "other substances that reduce the quality of fertilizers" under Article 19 of the Fertilizer Control Act.

[Reference Provisions]

Articles 19 and 28 subparag. 5 of the Fertilizer Control Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Defense Counsel

Attorney Kim Han-he

Judgment of the lower court

Western Criminal Court Decision 86No326 decided Feb. 25, 1987

Text

The appeal is dismissed.

Reasons

As to the Grounds of Appeal:

The court below's decision is justified in finding the defendant not guilty on the grounds that the defendant's white paper used as a raw material in the course of producing the small membership fees does not fall under "other materials that undermine the quality of fertilizers" under Article 19 of the Fertilizer Control Act, and it does not constitute an error of law such as the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Byung-hee (Presiding Justice)

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