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(영문) 대구지방법원 2018.10.26 2018노1989
폐기물관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged on the ground that the volume of illegally buried wastes was 4.5 tons and the remainder of 5 tons was not buried by the Defendant, and that the Defendant buried approximately 9.5 tons of wastes and was guilty of the facts charged. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. Whether sentencing is unfair or not, the sentence imposed by the lower court (2 million won) on the Defendant is too unreasonable.

2. Determination

A. The Defendant, at the lower court, made the same assertion as the grounds for appeal on this part, and the lower court rejected the above assertion in detail, stating in the item “Determination on the Defendant and his defense counsel’s assertion”.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that the Defendant’s illegal disposal of illegally buried wastes through waste disposal business operators, and that the Defendant has no criminal history of the same kind of crime.

However, it is recognized that the defendant's denial of the crime up to the depth of the party and the defendant's illegal reclamation waste amount to about 9.5 tons.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is in accordance with Article 364 (4) of the Criminal Procedure Act.

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