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(영문) 수원지방법원 2012.11.29 2012노3459
수질및수생태계보전에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The judgment of the court below which found the defendant guilty against the defendant is erroneous in the misunderstanding of facts, even though the container mixtures of the D company operated by the defendant cannot leak the water by structure, and the defendant did not cause the water by intentionally breaking its hairs and pigs hairs on the side of the container mixtures.

(2) Although the permissible emission levels of pollutants are to be measured at the point immediately before the point of public waters, it is erroneous in the misapprehension of facts in determining whether the permissible emission levels were violated on the basis of samples taken at the point where the son and sons of pigs have been loaded.

B. In light of the overall sentencing conditions of the instant case’s allegation of unfair sentencing, the lower court’s sentence (two years of suspended sentence for one year of imprisonment, two years of suspended sentence, community service) is too unreasonable.

2. Determination

A. (1) The following circumstances are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts.

① F, a truck driver of a waste transport company, arrived at around 08:30 on November 14, 201, when 10:00, at the D company operated by the Defendant, transported the above wastes in the container of mixture (attached Form 1). At around 10:00, in the container of mixture, the container of mixture is considerably sloping, food wastes were stored, so that the vehicle could not enter with depth, and the degree of 1/5 of its hairs and pigs hairs were removed from the outside of the container of mixture.

(Public trial records 72, 73, 154, 159). On the other hand, at around 10:00 on the same day, the Prosecution Control Group started an investigation into the mixture from 10:20 to 15 after examining the documents related to waste disposal.

The prosecution control team shall begin the investigation and take place both equitables and pigss from the outside of the container mixture.

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