logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.24 2017노600
수질및수생태계보전에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The instant crime was committed by installing and operating discharge facilities that discharge specific water-quality harmful substances in an area in which the installation of wastewater discharge facilities is restricted for the preservation of water quality. In light of the purport of relevant laws and regulations to prevent harm to public health and the environment caused by water pollution and to properly manage and preserve water quality and aquatic life.

However, since the defendants led to the crime of this case because they did not clearly recognize that wastewater discharge facilities are subject to permission or are limited to the installation of wastewater discharge facilities under the relevant Acts and subordinate statutes, it appears that the defendants committed the crime of this case. The defendants did not externally discharge water, and entrusted the disposal of waste disposal business to the waste disposal business entity without discharging water, water pollution resulted from the discharge of wastewater, and the administrative agency issued an order to close the relevant wastewater discharge facilities, and taking into account various sentencing conditions as shown in the records and arguments of this case, including Defendant A's age, sexual behavior, environment, motive and means of the crime, and circumstances after the crime.

The Defendants’ assertion is with merit and the prosecutor’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed, and it is again decided as follows through pleading.

Although the appeal by the public prosecutor is groundless, the appeal by the public prosecutor shall not be dismissed in the text of a separate decision, so long as the judgment of the court below is reversed.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

arrow