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(영문) 창원지방법원 2018.02.07 2017노2406
폐기물관리법위반등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall be imposed on the defendant.

Reasons

The gist of the grounds for appeal is that there is no misunderstanding of the facts of the defendant, misunderstanding of the legal principles, and the violation of the Waste Management Act.

The truck qui, which had been loaded with the quith angle, was placed in the ground, and was forced to lock the quith of the chch with the chuck, and was trying to recover it but failed to do so. In the same land, some of the earth quiths were covered on the same land where the quith sense of intention exchange with the workers was loaded.

Even if so, it is not illegal because it is a minor act that does not go against the social rules.

Land subject to the violation of the National Land Planning and Utilization Act is a reclaimed land created by reclaiming a cryp angle on the public waters in 2009, and the defendant has a duty to prevent natural ground subsidence phenomenon, and for this purpose, it is only a supplementary construction work by cutting down earth and sand. Therefore, it cannot be deemed a change in the form and quality of land under the above Act.

Comprehensively taking account of the evidence of misunderstanding the fact that the sentencing was unfair, even if the forest of this case (hereinafter “the forest of this case”) as indicated in the judgment of the court below was cultivated as a dry field at once, the shape as the mountainous district was recovered again as long as it has not been long.

It is reasonable to see at least 75 square meters of the part where standing timber is planted on satellite photographs, and the form of the mountainous district has been maintained.

Therefore, the forest of this case does not constitute a mountainous district under the Mountainous Districts Management Act.

The court below erred in the misapprehension of facts.

The following facts, circumstances, i.e., the Defendant’s temporary administration of the evidence duly adopted and examined by the lower court on the charge of violation of the Waste Management Act (guilty part) of the misunderstanding of facts or misapprehension of the legal principles regarding sentencing: (a) the evidence duly adopted and examined by the lower court; and (b) the witness X and Y’s respective statutory statements:

For three months from one time to one time, he/she left the cryp angle as it is, and if the milch soil is buried on the cryp, it shall be fertilizers.

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