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(영문) 청주지방법원 2020.09.18 2020노528
폐기물관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

(b)the sentence imposed by the Prosecutor Committee is too uneasible and unreasonable.

2. On April 13, 2020, the Defendant was sentenced to a suspended sentence of two years, additional collection of KRW 9,480,000 for a violation of the Wastes Control Act from the Chungcheong District Court’s Chungcheong Branch on April 13, 202, and the said judgment became final and conclusive on August 1, 2020.

Since the crime of violation of the Wastes Control Act and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after considering equity and equality in the case of concurrent trials pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the lower judgment was impossible

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[The reasons for the judgment of multiple court] The criminal facts and the summary of the evidence are the criminal facts recognized by the court and the summary of the evidence. The defendant added "the defendant was sentenced to 2 years of suspended execution, 9,480,000 won of imprisonment with prison labor for a violation of the Wastes Control Act from the Cheongju District Court's Chungcheong Branch on April 13, 2020, and the above judgment became final and conclusive on August 1, 2020," to the summary of the evidence, "1. U's legal statement of witness, 1. Cheongju District Court's Chungcheong Branch's Chungcheong Branch's 2019 High Court's 592 judgment," and the summary of the evidence;

1. Cheongju District Court Decision 2020No399 and “1..... case inquiry” are the same as the corresponding column of the judgment of the court below, except for the addition of “the details of the judgment of Cheongju District Court” and “1..........”

Application of Statutes

1. Subparagraph 9 of Article 66 of the Wastes Control Act and Article 25(9)1 of the Wastes Control Act (in addition to the storage of wastes outside the proper place, including the storage of wastes) against criminal facts, and Article 66 of the Wastes Control Act.

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