폐기물관리법위반
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (amounting to KRW 12 million) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. The Defendant’s mistake and reflects the Defendant’s act, and the Defendant’s crime of this case was punished by a fine on the ground of an illegal reclamation of waste in around 2017, and there are some circumstances to consider that part of the waste was incinerated during the disposal of the waste under the order to dispose of the waste.
On the other hand, there are records of criminal punishment up to 25 times against the defendant, and the fact that the defendant again commits the crime of this case even though he/she was punished by a fine for the same crime during the period of the suspension of the execution of imprisonment due to drinking driving in 2016.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.