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(영문) 대구지방법원 2021.01.15 2020노2167
폐기물관리법위반
Text

All of the appeals by the prosecutor and the defendants against the defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that with respect to each sentence (Defendant A: 2 years of imprisonment, Defendant B: imprisonment with prison labor for one year and six months) declared by the lower court against the Defendants, the prosecutor asserts that the sentence is too unfasible and unfair, and the Defendants asserts that the sentence is too unfasible and unfair.

2. We also examine the judgment prosecutor and the Defendants’ arguments.

The fact that the defendants led to the confession of the crime that is late later, and the defendant A should consider the punishment and equality with the crime that has become final and conclusive, etc. are favorable to the defendants.

On the other hand, waste-related crimes, such as the crime of this case, require strict punishment because they have a significant adverse impact on the environment and have extensive damage, the volume of wastes illegally disposed by the Defendants is very large, the damage has not been recovered, the Defendant A had the criminal history of criminal punishment for the same kind of crime, and appears to have led to the crime of this case, etc., which are disadvantageous to the Defendants.

In addition, comprehensively taking account of the various circumstances, such as the Defendants’ age, sex, environment, motive for committing a crime, and circumstances after committing a crime, it cannot be deemed unfair to the extent that the lower court’s punishment imposed on the Defendants is too heavy or unhued so that it exceeds the reasonable scope of discretion.

Therefore, prosecutor and Defendants’ assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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