The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: while the Defendant was manufacturing a drinking molecule soil on the part of a specific business site wastes to the ridge, the joint between the ridges and the ridges and the ridges do not share the molecule soil on the part of a specific business site, and the transfer of waste does not amount to 39 tons of the waste discharged.

2. In the trial of the case, the ex officio judgment prosecutor applied for amendments to the indictment with the purport that “the organic waste, which is a commercial waste that has not been treated as a normal recycling, has lost a considerable amount of 100 tons,” among the facts charged in this case, “The court below may no longer maintain the judgment in this respect since this court permitted this and changed the subject of the judgment.

The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court despite the above reasons for reversal of authority, and this is examined below.

3. Judgment on the assertion of mistake of facts

A. As to whether the Defendant throw away industrial wastes or not, the lower court argued to the same purport, and the lower court convicted the Defendant of the charge that he throw out industrial wastes on the grounds stated in its reasoning. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court, the lower court’s aforementioned determination is justified, and contrary to the judgment of the lower court, there is an error of law by misunderstanding the facts and adversely affecting the conclusion of the judgment.

Therefore, this part of the defendant's assertion is without merit.

1) The materials that the Defendant discharged into Kimpo-si E at the request of I show a strong malodor, and the cell walls of plants show a strong malodor.