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(영문) 울산지방법원 2017.10.13 2017노549

폐기물관리법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: Defendant B Co., Ltd. recognized and treated the waste treatment business as its inherent business; and, without reporting, recycled inorganic sludge, which is the instant waste.

Nevertheless, the court below found the Defendant not guilty of each of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone was entrusted with waste disposal by B Co., Ltd. and it was insufficient to recognize the fact that wastes were filled up and recycled without reporting. Thus, the court below erred by misapprehending the legal principles or by misapprehending

2. Examining the judgment of the court below on the basis of the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding of legal principles, which affected the conclusion of the judgment.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.