The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Improper sentencing for each of the reasons for appeal;

2. The instant crime was committed by installing and operating discharge facilities that discharge specific water-quality harmful substances in an area in which the installation of wastewater discharge facilities is restricted for the preservation of water quality. In light of the purport of relevant laws and regulations to prevent harm to public health and the environment caused by water pollution and to properly manage and preserve water quality and aquatic life.

However, since the defendant led to the crime of this case because he did not clearly recognize that wastewater discharge facilities are subject to permission or are limited to the installation of wastewater discharge facilities under the relevant Acts and subordinate statutes, it seems that the defendant committed the crime of this case. The defendant did not discharge externally, and instead entrusted waste treatment to waste treatment companies, the result of water pollution due to the discharge of wastewater did not occur, and the administrative authorities issued an order to close the relevant wastewater discharge facilities, and taking into account other factors of sentencing as shown in the records and arguments, such as the defendant's age, sex and behavior, environment, motive and means of the crime, and circumstances after the crime, etc., the court below's punishment (7 million won) against the defendant is somewhat inappropriate.

Defendant

The prosecutor's assertion is with merit and without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again as follows.

As long as an appeal by a prosecutor is groundless, but the original judgment is reversed by accepting an appeal by a defendant, the prosecutor’s appeal shall not be dismissed separately from the disposition

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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