The prosecutor's appeal is dismissed.

1. The “Air-dilution Act” stipulated in the summary of the grounds for appeal is a method of measuring malodor that guarantees objectivity. In light of the statements made by Gunsan-si D and public officials in charge E, the record of collecting malodor, the response of the Ministry of Environment and the National Institute of Environment, and the National Environment and National Institute of Environmental Research, etc., the outcome of measuring the malodor in this case was legitimate.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as having proved beyond reasonable doubt, and thus, the court below did not err by misapprehending the legal principles as alleged by the public prosecutor in the judgment below which acquitted the Defendant of the facts charged of this case.

The prosecutor's above assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.