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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the lower court found the Defendant as “a person who installs buildings, facilities, etc. discharging sewage,” as prescribed by Article 34(1) of the Sewerage Act, but acquitted the Defendant of the facts charged in the instant case on the ground that the lower court mistakenly
2. A person who installs a building, facility, etc. discharging sewage of the facts charged of the instant case shall install a private sewage treatment facility solely or jointly;
Nevertheless, the Defendant, as a resident of Eunpyeong-gu Seoul Metropolitan Government building “D”, discharged wastewater from a toilet for the purpose of sewage treatment, without installing a private sewage treatment facility, from August 30, 2013 to May 2, 2015.
3. Determination
A. The following facts can be acknowledged in full view of the evidence duly adopted and examined by the court below.
(1) The Defendant’s mother-friendly J, from around 1990, leased and resided in the instant building, and around 200, replaced the existing customary toilets to F, a lessor (the husband of the instant building, as the husband of the building, determined to be the actual owner of the instant building, as the husband of the building, as the husband of the building owner on the registry of the instant building) with a portable toilet.
In addition, F consented (Evidence 54 pages). At the time of F, J would bear the cost of replacing the portable toilet, but F would also bear half of the cost of replacing the toilet (Evidence 55 pages of the evidence record). Consolidated Defendant was living in the instant building along with J while residing in the instant building, and her married residence after his death.
Around February 2, 2012, the Defendant repaired the foregoing hydrogen and did not newly install a portable toilet (the identity as wastewater discharging facilities). The Defendant had previously requested F to install a private sewage treatment facility for the instant hydrogen before the instant case, and continuously demanded F to change the installation of the private sewage treatment facility for the instant hydrogen. However, F is excessive in the building scheduled to be removed.