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(영문) 수원지방법원 2017.09.18 2017노600
수질및수생태계보전에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s each sentence (Defendant A: a fine of KRW 1.5 million, Defendant B: a fine of KRW 700,000) declared against the Defendants is too unreasonable.

B. The lower court’s each sentence imposed on the Defendants is too uneasible and unreasonable.

2. Each of the instant crimes committed by Defendant A, the representative director of Defendant B, operated the said Defendant Company, and installed a facility with a maximum wastewater of at least 0.1 square meters per day without filing a report with the competent authority, and does not constitute a minor crime.

However, the defendants all recognize the crimes of this case, and there is no record of criminal punishment more than suspension of qualification against the defendant A.

In addition, it is not likely that environmental and health harm caused by each of the crimes in this case is not likely to occur, since the suspension of the inside of the above machinery was used as a whole in the re circulation, and since it was not leaked to the outside.

Considering the aforementioned circumstances disadvantageous to or favorable to the Defendants, the circumstances after the commission of each of the instant crimes, the age of Defendant A, sexual conduct, environment, and all other conditions of sentencing as shown in the pleadings of the instant case, each of the punishments imposed by the lower court against the Defendants is too heavy or unbrupted and unfair, and thus, the Defendants and the Prosecutor’s respective arguments are without merit.

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

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