The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the Defendant, for a period exceeding eight years, operated business using wastewater discharge facilities and air pollution discharge facilities without reporting to the competent authorities, and the Defendant had a same criminal record since 200.

However, the defendant led to the confession of crimes and reflects the wrongness.

The defendant paid a monthly price, and used wastewater treatment facilities operated by the owners of factories within the Corporation, and did not discharge wastewater without permission.

In addition, the circumstances in which the approval of the establishment of a factory of one competent authority has been postponed are likely to have been the background of the defendant's operation using wastewater emission facilities and air pollution emission facilities without reporting for a long

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the sentencing cases of similar cases, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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 after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court is identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal

Application of Statutes

1. Article 76 Subparag. 2 of the Act on the Selective Water Quality and the Successful Livelihood Conservation of Criminal Facts and Articles 76 Subparag. 2 and 33 Subparag. 1 of the same Act (the point of operating discharging facilities of non-reported wastewater, the selection of fines), Article 90 Subparag. 1 and Article 23 of the Air Quality Conservation Act;