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(영문) 대구지방법원 2015.07.10 2014노3946
폐기물관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: the fine of three million won, the defendant B: the fine of two million won) declared by the court below is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendants recognized the instant crime; (b) the Defendants’ economic situation appears to be not good; (c) on the other hand, the Defendants appears to have caused considerable damage to the surrounding environment by exceeding 10 tons of wastes in improper storage without complying with the waste disposal order; (d) the Defendants neglected waste from May 2007 to the period; (b) the Defendants did not seem to have properly disposed of the said wastes; (c) there was no special change in circumstances to deem the Defendants to have properly disposed of the said wastes; (d) Defendant A was sentenced to a fine for a crime similar to the instant crime; and (e) Defendant A was subject to criminal punishment for a crime similar to the instant crime; and (e) the balance with the criminal punishment for a crime similar to the instant crime; and (e) the age, character and conduct of Defendant A; and (e) other records and arguments, even if considering the circumstances revealed in the records and arguments, the Defendants’ assertion that the punishment imposed by the lower court is too unreasonable.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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