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(영문) 부산지방법원 2013.03.15 2012노3227
대기환경보전법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below against the Defendants on the summary of the grounds of appeal (the fine of KRW 1,500,000) is too uneased and unreasonable.

2. In light of the fact that Defendant A, a real operator of Defendant B, committed a crime of the same kind as the instant crime at the same place and was punished two times or more by a fine, the Defendants need to strictly punish the Defendants. However, in full view of the fact that the Defendants recognized the instant crime, reflects his fault in depth, and the Defendants discontinued the instant sanctions, and all other matters pertaining to sentencing as indicated in the records of the instant case, the lower judgment’s punishment is deemed appropriate, and thus, the Prosecutor’s assertion is without merit.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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