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(영문) 인천지방법원 2019.02.13 2018노2791
폐기물관리법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years, for one year, and for two years, for Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment)’s punishment sentenced by the court below to the above Defendant (three years of imprisonment) is too unreasonable.

B. Defendant B did not submit the statement of grounds of appeal within 20 days from the deadline for submitting the statement of grounds of appeal, even though Defendant B received a written notification of the receipt of the trial records from this court on October 11, 2018 after dissatisfied with the lower judgment, and the petition of appeal does not contain any indication in the grounds for appeal.

On the other hand, on November 1, 2018, the defense counsel of the above defendant asserted that "the defendant B was a person in the form of pre-service and the representative director, and the defendant A issued a direction to work directly to his employees." However, this cannot be a legitimate ground for appeal as a subsequent argument after the deadline for submitting legitimate grounds for appeal expires, and it is not reasonable even after ex officio examination.

C. Defendant C1) The former Wastes Control Act (amended by Act No. 13411, Jul. 20, 2015; hereinafter “former Wastes Control Act”) by misapprehending the legal doctrine

Article 8 (1) provides that no person shall dispose of wastes in any place other than those prepared by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the manager of a facility, such as a park or a road, for the collection of wastes. Article 8 (1) of the same Act prohibits all people from illegal disposal of wastes. Article 25 (1) of the same Act provides that “Any person who intends to collect, transport, recycle,

Where designated wastes are intended for, as prescribed by Ordinance of the Ministry of Environment, he/she shall submit a waste treatment business plan to the Minister of Environment, and submit the relevant Mayor/Do Governor for other wastes.

"The scope of application is limited, and it is foul waste collection as a relation to the general rules and special rules.

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