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Defendants are not guilty.
Reasons
1. Defendant A of the facts charged of this case is an employee belonging to the NM Council, an incorporated association operating the M facilities in Sejong City L (hereinafter “the Council of this case”); Defendant B entrusted management of M facilities for the purpose of entrusted management of water pollution prevention facilities; Defendant C is an employee belonging to the P Co., Ltd. who entered into a contract for maintenance and repair of water quality remote monitoring system (Tms) measuring devices from the NN Council, an incorporated association.
At around 18:00 on February 19, 2014, Defendants conspired not to operate measuring devices intentionally or fail to conduct a normal measurement at the TRS room (the place of water quality observation by the remote water quality monitoring system), and around that time, Defendants continued to have measured toxic substances from February 12, 2014 due to the occurrence of an accident in which one of the enterprises located in the above QM industrial complex discharges toxic substances continuously exceeding permissible emission levels, and COD measured continuously from February 17, 2014 in order to manipulate the water quality concentration of the samples subject to water quality measurement so that the water quality concentration of the samples subject to water quality measurement is lower than 0.55, in the case of COD, and COD 45%, 43%, and 43%, respectively, in the case of SS, lower than COD 45%.
Until February 28, 2014, Defendants conspired to operate the measuring devices intentionally, thereby preventing the normal measurement by means of the said water quality remote monitoring system (Tms) measuring devices.
2. Determination
A. A. A joint principal offender under Article 30 of the relevant legal doctrine commits a crime jointly by more than two persons. In order to constitute a joint principal offender, a subjective element is the intent and objective requirement for joint processing, and a crime through functional control based on a joint doctor.