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(영문) 인천지방법원 2020.05.08 2019노3337
폐기물관리법위반
Text

All appeals filed by the Defendants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants (unfair punishment) sentenced by the court below to the defendants (the defendant A: 10 months of imprisonment and 2 years of suspended sentence, 10 million won of fine, 8 months of imprisonment and 2 years of suspended sentence) are too unreasonable.

B. The above sentence against Defendant A by the lower court is too unhued and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Team, the Defendants, and the Prosecutor as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There is no particular change in the situation regarding the factors of sentencing after the lower judgment was rendered.

In addition, taking into account the following circumstances: (a) the Defendants’ status within F Co., Ltd. or H Group; (b) the background of the instant crime; (c) the degree of the Defendants’ participation in the instant crime; and (d) the Defendants’ period of office and the amount of illegal disposal of wastes during the period of time; and (b) the sentencing of the lower court is too heavy or unreasonable as it was conducted within the reasonable scope of discretion, and thus, it is reasonable

Therefore, the Defendants and the prosecutor’s argument of unfair sentencing is rejected.

3. As such, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.

(However, according to Article 25(1) of the Regulation on Criminal Procedure, the defendant A in four pages of the judgment of the court below shall be dismissed as "Defendant B".

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