A. misunderstanding of the facts or misapprehension of the legal principles 1) Inorganic sludge filled by the Defendant (hereinafter “inorganic sludge”) is not included in harmful substances, but rather beneficial to crops cultivation. Thus, it does not constitute wastes as prescribed by the Waste Management Act.

2) Even if inorganic sludge constitutes wastes under the Waste Management Act, it is possible to recycle under the Act on Waste Management, so it would be against the principle of statutoryism to punish the Defendant as a violation of the Act on National Land Planning and Utilization on the ground that the market price did not enact an ordinance on matters delegated by the Act on Waste Management.

3) The farmland law does not prohibit the use of inorganic sludge in farmland banking, and punishing the Defendant’s act as a violation of the farmland law on the ground of the “farmland Business Manual” published by the non-Binding agricultural and fishery food added to agricultural and fishery products also violates the legal principle of crime.

4) In light of the beneficial nature in the event that the Defendant embling of inorganic sludge into farmland by mixing it with mathy and 1:1 percentage, etc., the Defendant’s act of raising inorganic sludge into farmland constitutes a legitimate act that improves the form and quality of farmland in good faith.

B. The lower court’s sentence (6 months of imprisonment and 1 year of suspended sentence) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the Act on Waste Management and the Enforcement Rule of the former Enforcement Rule of the Wastes Control Act and the evidence duly adopted and examined by the lower court: (i) “waste” under Article 2 subparag. 1 of the Wastes Control Act is defined as “waste” as “waste” means a substance that is no longer necessary for human life or business activities, such as garbage, sludge, waste oil, waste acid, waste alkhs, and dead bodies of animals; and (ii) the former Enforcement Rule of the Wastes Control Act (amended by May 25, 2016).