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(영문) 광주지방법원 2014.05.14 2014노406

폐기물관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The facts that the judgment defendant recognized his mistake, and that the civil petition due to malodor was received from the competent authorities, and immediately removed the residues of this case, are favorable circumstances.

However, the defendant had previously been sentenced to the suspension of indictment for the same crime, the quantity of the residues of this case is not significant, and the degree of environmental pollution, such as malodor generated around the crime of this case, seems to have been significant, considering the circumstances favorable to the defendant, and the court below seems to have determined the punishment in light of the circumstances favorable to the defendant, and the court below seems to have not changed in circumstances that could have different from the judgment of the court below. In full view of the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.