폐기물관리법위반
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the Prosecutor 1 on the part not guilty of the reasoning), the lower court acquitted the Defendant of this part of the facts charged on the ground that it was merely an aiding and abetting the Defendant’s participation in the instant crime on a different premise, even though the Defendant could have found that he conspired with C, in collusion with C, had dumped approximately 320 tons of commercial wastes on D-owned land located in Dong at the time of residing in North Korea from February 27, 2017 to March 19, 2017, by means of functional control, on the ground that it was unreasonable to support and abetting the Defendant’s participation in the instant crime on a different premise.
2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unhued and unreasonable.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. Determination
A. Determination 1 on the Prosecutor’s assertion of mistake of facts) The summary of this part of the facts charged is the same from around February 27, 2017.
3. Between September 19, the Defendant was actually owned by C with the knowledge that C, a waste discharger, leased a parcel of land of 5,978 square meters owned by ED and operated a waste speculation site.
FC, in collusion with C, disposed of wastes without permission by arranging FF strawls vehicles and their drivers G, by requiring G to abandon approximately 320 tons of commercial wastes, such as waste synthetic resin, waste fishing nets, waste timber, etc. on the said land.
2) The lower court’s judgment determined as follows, based on the records, did not act as connecting the following circumstances, i.e., ① the instant crime did not act as connecting the Defendant’s side that the Defendant wants to discharge wastes and the side that operated the illegal waste storage facilities, but merely limited to lending waste transport vehicles and articles to C in the circumstances where C is in bad condition with both waste discharging places and the illegal waste storage facilities. ② The Defendant is placed at the location or illegal disposal of the illegal waste storage facilities at the time of the instant crime.