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(영문) 창원지방법원 2016.11.30 2016노2595
폐기물관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: F, an article F, which buried the instant wastes, has credibility in the statement made by an investigation agency near the date and time of the crime, rather than the statement made in the court of original instance; E’s statement made by a construction business entity E is not reliable; H’s statement made by a removal business entity G and the instant case can be specifically and consistently reliable. According to F’s statement made by the investigation agency, G and H’s statement made by the investigation agency, the fact that the instant wastes were buried can be sufficiently recognized by the Defendant’s instruction.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In full view of the evidence duly adopted and examined by the court below, the court below's decision that found the defendant not guilty of the facts charged of this case based on the evidence judgment as stated in the judgment below is just and acceptable, and it does not seem that the court below erred by misunderstanding facts or by misunderstanding the legal principles as pointed out by the prosecutor, which affected the conclusion of

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

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

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