폐기물관리법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 16,000,000 won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the punishment imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal of this case: (a) each of the crimes of this case, such as the use of food wastes as chickens, etc. or emission facilities without obtaining permission when the defendant operated a facility that raises about about 35,00 horses without obtaining permission; and (b) the use of emission facilities without obtaining permission, etc., shall be deemed to be disadvantageous to the defendant, in light of the content and method of the crime; (c) the quantity of food wastes recycled or disposed of by the defendant; (d) the quantity of the waste recycled or disposed of without permission is reasonable; and (e) the scale and period of discharging facilities operated without permission; and (e) the actual amount of food waste or distribution, etc. are deemed to have contaminated surrounding environment due to the same kind of crime, etc.; and (e) the fact
However, in light of the following: (a) the Defendant recognized all the criminal facts of this case, thereby infringing on his/her own mistake in depth; (b) would not commit the same crime again; and (c) would have been likely to lower risk of re-offending by closing the chickens breeding facility; (d) the Defendant returned 24 million won, which is the amount equivalent to the profits acquired from the crime of this case, to the children and juveniles of the vulnerable class; (b) has been making efforts to recover social trust by returning to the vulnerable group; (c) there is a dependent on the Defendant; (d) there is no history of criminal punishment exceeding the fine; (e) balance with the ordinary sentencing in the same or similar cases with the Defendant’s age, character and behavior, intelligence and environment; (e) the motive, background, means and consequence of the crime of this case; and (e) circumstances after the crime, criminal records, family relations, and economic circumstances, etc., the lower court should comprehensively take account of various circumstances that form the conditions for the sentencing of this case.