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(영문) 의정부지방법원 2012.12.21 2012노2024
대기환경보전법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court (a fine of KRW 1.5 million) on the summary of the grounds for appeal is too unreasonable.

2. Although the defendants recognized the facts charged of this case and reflected it, it is inevitable to punish the defendants since they operated a place of business producing fugitive dust without reporting it to the competent authority as stated in the facts charged of this case. The court below seems to have already determined the sentence by taking into account the reasons for sentencing asserted by the defendants, and all other circumstances such as the circumstances leading to the crimes of this case and the details thereof, and the circumstances leading to the sentencing conditions indicated in the records after the crimes, etc., the court below's sentence cannot be deemed to be excessively unreasonable. Thus, the defendants' above assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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