A. The Defendant was merely a business owner under the name of C, and the actual owner of C who left wastes as stated in the facts charged is different.

Therefore, the judgment of the first instance court that found the defendant guilty of the facts charged is erroneous in the misconception of facts.

B. The sentence of imprisonment (six months of imprisonment) on the judgment of the court of first instance on the accused of unfair sentencing is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the first instance court’s determination was clearly erroneous when it was intended to re-examine the first instance court’s decision after its ex post facto determination, even though there was no new objective reason that could affect the formation of a documentary evidence in the process of the trial.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, and without such exceptional circumstances, the determination on the fact-finding of the first instance court shall not be reversed without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). The Defendant denies the crime with the same purport as the grounds for appeal in this part of the first instance trial after the confession of facts charged in the court of first instance. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of first instance (i) the Defendant’s confession statement recognizing his/her criminal act with the assistance of counsel in the court of first instance cannot be easily rejected unless there is an explanation that the Defendant would be able to understand the circumstances leading to the reversal. (iii) The Defendant recognized the proper fact-finding as his/her business owner in the police investigation; and (iii) the Defendant, not the Defendant’s waste recorded in the facts charged, should have actively agreed to dispose of the wastes from the first instance trial.