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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, 80 hours of community service order, Defendant B: imprisonment with prison labor, six months of suspended execution, two years of suspended execution) is excessively unreasonable.
B. Prosecutor: The sentence imposed by the court below on Defendant A is too unfilled and unfair.
2. We examine both the judgment on Defendant A and the Defendant’s assertion of unreasonable sentencing.
The following can be seen as the circumstances favorable to the defendant: (a) the confession of the crime; (b) the Defendant has made efforts to prevent recidivism by obtaining permission to extend wastewater discharge facilities after the instant case; (c) the aged 71 years old; (d) brain color; and (e) the fact that the health of the Defendant is not good due to th
In addition, it is necessary to consider the circumstances where 70 employees work in the factory of this case, such as the developments leading up to the control, the quantity and degree of pollution of discharged wastewater, the financial situation of the defendant, family relationship, and the situation that 70 employees
However, the crime of this case was committed with the record of being sentenced to a fine of KRW 1 million on June 1, 2015, which was sentenced to imprisonment on May 4, 2016, and one year of suspended execution, even if the crime of this case was committed with the same act at the same place as this case, and the defendant continued to commit the crime of this case in the same place from May 13, 2016 until May 12, 2016 after the suspended execution ruling became final and conclusive on May 13, 2016. The criminal of this case was committed repeatedly for about 1 year and 6 months, and the statutory penalty for the crime of this case was not less than 1 year and 3 months, the amount of wastewater released without permission, the circumstances of the defendant's character and behavior, the circumstances, and all other factors.