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(영문) 대구지방법원 2021.01.15 2020노1646

폐기물관리법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of KRW 5 million for Defendant A, and a fine of KRW 2 million for Defendant B) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under its circumstances as indicated in its reasoning, determined the punishment against the Defendants by taking into account the circumstances favorable to the fact that Defendant A committed the instant crime, i.e., the fact that he/she was punished for the same kind of crime, and the circumstances that the Defendants disposed of wastes after the instant case, etc., in light of the circumstances as indicated in its reasoning. There is no special circumstance or change in circumstances to change the sentence of the lower court at the trial, and there is no other circumstance or circumstance to change the sentence of the Defendants A’ age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed unfair because the sentence of the lower court is too unreasonable.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.