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(영문) 대전지방법원 천안지원 2016.05.24 2016고단112
폐기물관리법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

[Defendant B] The defendant shall be punished by imprisonment with prison labor for a year and six months.

except that this shall not apply.

Reasons

A. As long as it is not, in particular, motor vehicle driving is directly connected to the safety of motor vehicle driving, there is a need to strictly punish the driver's body and life in the event of an accident, which may cause serious consequences to the driver's body and life, most of fraud damage is not recovered. However, considering favorable circumstances such as: (a) the defendant committed a crime; (b) there is no same power; (c) there is no history of criminal punishment exceeding fines; (d) there is no history of criminal punishment exceeding fines; (b) some victims have agreed with the victim; (c) the degree of participation in the crime is relatively minor; and (d)

3. Defendant C [Scope of Recommendation] In the basic area (one to four years), the basic area (one to five hundred million won) [Special Reduction (Aggravated Punishment)] / In the case of repeated crimes against or against many unspecified or multiple victims, or over a considerable period of time, the number of concurrent crimes * Violation of the Waste Management Act : Lowest 1/3 (Tand four years from August to April) : 1/3) of the same kind of concurrent crimes * because there is no sentencing guidelines for the crime of violation of the Waste Management Act. Thus, the crime of this case is committed in compliance with the minimum sentence [Pronouncement] of the above recommendation [Determination] because it is very difficult to obtain money equivalent to 150 million won from an unspecified number of consumers by selling illegally recycled waste, and by deceiving it with another, it is very difficult to punish a driver of a motor vehicle with serious damage to his/her body and safety. In particular, it is necessary to punish the driver of a motor vehicle directly from his/her life or body at the time of the accident.

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