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(영문) 창원지방법원 2014.12.24 2014노2192
수질및수생태계보전에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the fines of KRW 3,00,000) of the lower court is too unreasonable.

2. The instant crime is established and operated by Defendant A, the representative director of Defendant B, without obtaining permission for the installation of wastewater discharge facilities from the competent authority from March 2014 to January 10, 2014. The Defendants recognized all the instant crime; Defendant A completed the closure measures of the wastewater discharge facilities around February 12, 2014; Defendant A had no record of criminal punishment, as well as having been sentenced to a fine for violating the Road Act at around 2001.

However, the period during which the Defendants installed and maintained wastewater discharge facilities is relatively long-term, and the statutory penalty for the instant crime is imprisonment for not more than 7 years or a fine not exceeding 50 million won. The lower court, by fully taking account of the favorable circumstances as seen earlier, rendered a relatively minor punishment within the scope of the statutory punishment. In light of all the circumstances, such as Defendant A’s age, character and conduct, environment, background of the crime, and circumstances after the crime, it is difficult to view that the lower court’s punishment is excessively unreasonable.

Therefore, the Defendants’ 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.

[However, Article 2 of the judgment of the court below states that "the Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 12519, Mar. 24, 2014)" is "the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 12519, Mar. 24, 2014)."

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