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(영문) 광주지방법원 2016.10.19 2016노740
폐기물관리법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence (a fine of KRW 4 million is imposed on the Defendants, and a fine of KRW 2 million is imposed on the Defendants B) declared by the lower court to the Defendants is too uneasible.

2. The crime of this case is disadvantageous to Defendant A’s act of reclaiming construction waste at a place other than waste disposal facilities, and Defendant B’s act of neglecting due care and supervision over it, thereby contributing to the preservation of the environment and the qualitative improvement of the people’s lives by preventing the generation of waste to the maximum extent possible and disposing of the generated wastes in an environmentally friendly manner, etc.

On the other hand, there are favorable circumstances, such as the Defendants’ acknowledgement of and against their mistakes properly, the circumstances that may be considered in the course of the instant crime, the Defendants collected and disposed of illegally reclaimed wastes after the instant crime, and the Defendants A did not have any criminal record exceeding the same criminal record or fine.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the age of Defendant A, character and conduct, and environment, etc., as indicated in the instant pleadings, it is not recognized that the sentence imposed by the lower court is too unjustifiable, and thus, the Prosecutor’s assertion 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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