Text
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The defendant above.
Reasons
1. The summary of the grounds for appeal contains 38.37% of salt acid (inorganic acid) sold by the defendant to C. This constitutes toxic chemicals prohibited from being used or stored pursuant to Article 25(2) of the Fishery Resources Management Act, which are substances requiring preparation for accidents under the Toxic Chemicals Control Act, and, inasmuch as salt acid stored and used by C was dilution by mixing seawater with organic acid, it cannot be said that the toxic chemicals themselves are not toxic chemicals. Thus, the judgment below which acquitted the facts of this case on the grounds that C, a principal offender, has used salt acid dilution with concentration below the statutory standard level, and stored salt acid with such intent, and thus, it cannot be punished for the act of storage and use by C, and that the aiding and abetting act by the defendant is not constituted.
2. The facts charged and the summary of the Defendant’s and defense counsel
A. The Defendant in the instant charges is the representative of O of a selling company of toxic substances located in N in the Gunsan City, and C is a fisherman who engages in Kim Farming business within the licensing area of the E fishing village fraternity aquaculture farm located in Gunsan City D.
No person shall keep or use toxic chemicals prescribed in subparagraph 8 of Article 2 of the Toxic Chemicals Control Act for the purpose of cultivating fishery resources or removing foreign substances attached to fishing gear or fishing net.
Nevertheless, on February 6, 2014, the Defendant sold approximately 500 l. 50 m. (37.31%) toxic chemicals to C in one unit of KRW 10,000, and C used 214 m. from February 6, 2014 to February 18, 2014 in one m. to use the 286 m. 186 m. in one m. in one m. in one m., in one m., in one m., the Defendant used the m. 214 m. from February 6, 2014 to one m. 1
As a result, the Defendant aided and abetted C to use and store inorganic acids, which are hazardous chemicals, for the Kim farming.
B. Summary of the defendant's and defense counsel's assertion 1.