A. Defendant B’s assertion of the misapprehension of the legal doctrine (i.e., the Defendant’s act does not constitute “waste” and “commercial waste” under Article 2 subparag. 1 and subparag. 3 of the Wastes Control Act, and the Defendant’s act does not constitute “waste” under Article 63 subparag. 1 of the Wastes Control Act.

Do. Nevertheless, the lower court convicted Defendant B of the instant facts charged by misapprehending the legal doctrine.

B. Defendant A and prosecutor’s assertion of unfair sentencing (i.e., imprisonment with prison labor and one year and six months) asserts that Defendant A’s imprisonment with prison labor is too unreasonable.

B. The Prosecutor asserts that the sentence of the lower court against the Defendants (the Defendant B’s fine of KRW 10 million) is too unfilled and unfair.

2. Determination

A. (1) Article 8 (Prohibition of Dumping Wastes, etc.) (1) of the Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013; hereinafter “former Wastes Control Act”) (1) No person shall dump wastes in any place other than the place or facility installed by the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the manager of a facility, such as a park and a road, to collect wastes.

Any person who has dumped or buried commercial wastes in violation of Article 8 (1) or (2) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 50 million won.

In such cases, imprisonment and fines may be imposed concurrently.

The purpose of this Act is to contribute to environmental conservation and improvement in the quality of people's lives by controlling the generation of wastes to the maximum extent possible and by eco-friendly treatment of generated wastes.

The definitions of terms used in this Act shall be as follows:

1. The term "waste" means garbage, burning materials, sludge, waste oil, waste acid, waste eggs, carcasses of animals, etc.;