폐기물관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of suspended sentence of imprisonment with prison labor for six months) is too unreasonable.
2. The judgment is an unfavorable circumstance, such as the fact that the defendant has a number of criminal records for the same kind of crime, that the amount of waste timber accumulated by the defendant without permission is reasonable, and that the period is about five months.
However, in the process of putting down another waste timber in the previous site into the F, G and K land owned by the Defendant in order to melte the shock damage trees after being entrusted by the Gwangju City with the disposal of the shock damage trees from Gwangju City, and then putting them into the factory located in Gwangju City, there seems to be a circumstance to consider the circumstances leading up to the instant crime, and the said F and G land are land for which the temporary development permission was obtained from Gwangju City to treat the shock damage trees, and thus, the illegality of the instant crime is serious.
In light of the fact that it is difficult to see that the defendant has completed the restoration of the original state, the defendant's age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 66 subparagraph 9 of the relevant Act and Article 25 (9) 1 of the Waste Management Act concerning facts constituting an offense, and Articles 66 and 25 (9) of the same Act and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;