폐기물관리법위반
All appeals by the Defendants are dismissed.
1. The gist of the grounds for appeal is not only the “material that is not necessary for business activities” under the Wastes Control Act, but also the “material that is not necessary for business activities” as stated in the facts charged in the instant case, and there is a justifiable reason to believe that the Defendant, who believed that the prosecutor’s office prior to the instant case and the court’s decision to revoke the disposition of fine for negligence, is not a waste under the Wastes Control Act.
shall be pronounced not guilty, so it shall be pronounced not guilty.
Therefore, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts or misunderstanding of legal principles.
[Defendant added unfair sentencing to a new ground for appeal via his defense counsel’s opinion on June 1, 2015. However, following the receipt of the notification of the receipt of the notification of the receipt of the trial record on January 13, 2015, the Defendant’s assertion that was filed after the expiration of the period for submitting the statement of grounds for appeal, comprehensively takes into account various circumstances that may serve as conditions for sentencing, such as the motive, circumstance, frequency and period of the crime, frequency and period of the crime, circumstances after the crime was committed, the quantity of illegally buried wastes, the area of buried land, and the restoration of the original land, etc., the above assertion does not constitute grounds that may affect the judgment below on the ground that it does not constitute grounds for lack of reason (see, e.g., Supreme Court Decisions 96Do2076, Nov. 8, 1996; 96Do1666, Sept. 6, 196).
2. Determination
A. The lower court determined as follows: (a) “waste” under Article 2 subparag. 1 of the Wastes Control Act is defined as “waste, burners, waste oil, waste acid, waste acid, and animal carcasses, etc. which have become no longer useful for human life or business activities; and (b) so long as such substance discharged from a workplace was no longer needed for the business activities of the workplace concerned, such substance shall be deemed as “waste” under the foregoing Act.