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(영문) 제주지방법원 2015.01.22 2014노490
하수도법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant without a private sewage treatment facility for about four and a half years, and the average of 3.74 tons of sewage generated by washing citrus containers, etc. while operating the B farming association corporation without a private sewage treatment facility for about four years and five months, and the nature of the crime is not good in light of the period of the crime and the amount of wastewater released. However, the Defendant recognized the crime of this case and reflects his mistake; the Defendant installed a private sewage treatment facility around May 2014; the Defendant did not have any record of punishment or punishment heavier than the fine; and the Defendant’s age, character and behavior, environment, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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