폐기물관리법위반
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, for eight months, and for six months, for Defendant C.
1. The summary of the grounds for appeal (Defendant A: Imprisonment with prison labor for a year and six months and fines for a fine of 20 million won; imprisonment for a period of eight months and fines for a fine of ten million won; Defendant C: imprisonment with prison labor for a period of six months and fines for a fine of five million won) is too unreasonable.
2. According to ex officio records, the following facts are examined: ① Defendant A was sentenced to imprisonment with prison labor for three years; Defendant C was sentenced to a suspended sentence for one year; and Defendant A was sentenced to a suspended sentence for two years; and 160 hours for community service work; and Defendant A was sentenced to such judgment on January 11, 2018.
8. 13. In the case of Defendant C, the damage
(2) Defendant B shall do so.
6. 29. The punishment of imprisonment with prison labor for a violation of the Waste Management Act at the source of the method of water supply and for a period of one year and six months;
9.5. Recognizing the established facts.
Since each crime of violation of the Act on the Management of Wastes and each crime of the judgment of the court below against the Defendants are concurrent crimes after Article 37 of the Criminal Act, the punishment for each crime of the judgment of the court below against the Defendants shall be sentenced in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.
【Grounds for another judgment】 The facts constituting a crime recognized by the court in charge of facts constituting a crime and summary of evidence and the summary of evidence related thereto are all the following: (a) Defendant A is sentenced to imprisonment for three years with prison labor; (b) Defendant C is sentenced to imprisonment for two years with prison labor for one year; and (c) for two years with prison labor for one year; and for 160 hours with prison labor for Defendant A; and (d) the judgment is subject to imprisonment with prison labor for Defendant A.
8. 13. In the case of Defendant C, the damage
7.7. Finality was established.
Defendant
B The damage in this year
6. 29. Imprisonment with prison labor for a violation of the Waste Management Act, etc. from the Suwon Methods Board;