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The prosecutor's appeal is dismissed.
Reasons
1. Although the main purpose of Defendant A with a air dilution device (hereinafter “instant device”) installed in the mination facility is to check the air dilution device, in general, if external air flows into the air, the pollution level is lower. Thus, Defendant A was at least “the purpose of lowering the pollution level.”
Although the crime under the latter part of Article 31 (1) 1 of the Clean Air Conservation Act does not necessarily lead to the occurrence of "the result of lowering the pollution level by mixing the air", the lower court deemed that the occurrence of the pollution level was established even after lowering the pollution level. On the same day, even though the result of measurement of the pollution level before and after the sealed measures was not the result of measurement of the pollution level before and after the sealed measures, the lower court stated that the air pollution level measurement conducted by the Defendants was based on the judgment of innocence, the lower court
2. Determination
A. Article 31(1)1 (latter part) of the Clean Air Conservation Act (hereinafter “violation of the Clean Air Conservation Act”) requires an excessive subjective element of illegality, i.e., a subjective element of element corresponding to the “purpose” as stated in the crime of the crime of the crime of the crime of the crime of the crime of the crime of the violation of the Clean Air Conservation Act (hereinafter “the crime of the crime of the crime of the violation of the Clean Air Conservation Act”), unlike the “unoperation in operation of preventive facilities” in the former part, “in addition to the intent of mix pollutants into air,” “in addition to
In addition, “discharge of air pollutants emitted from emission facilities to lower the pollution level by mixing the air” means using unlawful means with intent to make it difficult to verify whether the emission of air pollutants exceeds the permissible emission level, beyond simply neglecting the situation in which air pollutants do not flow into prevention facilities by negligence.
On the other hand, prosecution is instituted in criminal trials.