The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the legal principles) is as follows. ① Facilities for saving the distribution of waste water installed and operated by the Defendants (hereinafter “facilities for saving the distribution of waste water”) under the evidence submitted by the Prosecutor, including Defendant’s statement at the police station, field pictures, etc. (i) Facilities for saving the distribution of waste water installed and operated by the Defendants (hereinafter “facilities for saving the distribution of waste water”) constitute facilities for discharging waste water under Article 2 subparag. 10 of the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality Ecosystem Act”); Article 6 of the Enforcement Rule of the Water Quality Ecosystem Act [Attachment 4]; ② Facilities for storing waste water under Article 6 of the above Enforcement Rule [Attachment 4] are excluded from “facilities for cutting salt only to clean or transport or store the water” facilities for discharging waste water, and it is reasonable to view that “facilities for saving the distribution of waste water can not be seen as facilities excluded from the above wastewater discharge facilities” as “facilities for storing and storing the water quality of waste water” under the above Act.

Nevertheless, the lower court acquitted the Defendants respectively, and the lower court erred by misapprehending the legal doctrine on wastewater discharge facilities under the Water Quality Ecosystem Act, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Defendant A of the facts charged in the instant case is the representative director of the B agricultural partnership in Pyeongtaek-gun E, Nam-gun, and Defendant B is a corporation established for the purpose of the distribution business of agricultural products and livestock products, transportation business, etc.

(1) The wastewater that does not include harmful substances of water quality and heavy metal due to Defendant A is maximum of 0.0 per day.