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(영문) 전주지방법원 2018.10.11 2018노396

폐기물관리법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where the harmful substance of a private road is below the standard level of chemical substance discharged by the Defendants misunderstanding the fact, it can be sufficiently recycled into embezzling or re-topy. Therefore, it cannot be readily concluded that the Defendants’ handling of the pulmonary gas with chemical substance D is unlawful.

B. Legal principles were modified on July 21, 2016 by misapprehending the Enforcement Rule of the Waste Management Act, and the classification code of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body

Since the Defendants deceiving the Defendants, the Defendants did not know well that they did not know the distinction between the main engineer and the chemical store of the waste.

Nevertheless, punishing the Defendants as a violation of the Waste Management Act is against the principle of criminal justice.

(c)

The punishment of the lower court’s unfair sentencing (each fine of KRW 15 million) is too heavy (the Defendants, who did not assert it on the grounds of appeal, wish to make a judgment ex officio, even if they did not assert it on the grounds of appeal at the hearing date). 2.

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the court of the first instance, the Defendants can lawfully recycle the waste master of the instant case via D.

It is difficult to see it.

① Article 13-2 of the former Waste Management Act (amended by Act No. 10389, Jul. 23, 2010; hereinafter “former Waste Management Act”); Article 14-3(2) of the former Enforcement Rule of the Waste Management Act (amended by Ordinance of the Ministry of Environment No. 422, Sept. 27, 201; hereinafter “Enforcement Rule of the former Waste Management Act”) [Attachment 5-2] subparagraph 2 of the attached Table 5-2 of the former Enforcement Rule of the Waste Management Act (amended by Ordinance of the Ministry of Environment No. 422, Sept. 27, 201);