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(영문) 전주지방법원 2016.10.06 2016노726
수질및수생태계보전에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal 1. Each sentence against the Defendants 1. Defendant A: fine of KRW 10 million;

2. Defendant B,

3. Defendant C,

7. Defendant G: Each fine of four million won;

4. Defendant D,

5. Defendant E,

6. Defendant F;

8. Defendant H:

9. Defendant I, 10. 10. Defendant J and 11. : each of the fines of two million won is deemed unreasonable. 2. Determination on the grounds of statutory penalty is based on the fact that the discretionary judgment takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, and, in addition, in light of the ex post facto nature of the appellate court, etc., it is reasonable to respect the first instance court’s sentencing in cases where there is no change in the conditions for sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion. Although the first instance court’s sentencing falls within a reasonable scope, it is desirable to reverse the first instance court’s judgment and impose a sentence that does not differ from the appellate court’s opinion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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