All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendants guilty in relation to Article 1(a) of the facts charged that Defendant A buried an amount equivalent to 66 tons of perishable agricultural products from September 2006 to the first half of the year of the year 2012, such as Go-gu and Yang wave. However, the lower court found the Defendant guilty on the ground that the said Defendant buried agricultural products, such as Go-gu and Yang wave, together with soil for the purpose of composting, and the mixture of soil and agricultural products do not constitute wastes under the Wastes Control Act. Nevertheless, the lower court erred by misapprehending the fact that the lower court determined the said agricultural products as wastes, thereby adversely affecting the conclusion of the judgment, and thereby adversely affecting the conclusion of the judgment. (2) In relation to Article 1(b) of the facts charged, the lower court acquitted the Defendant on the ground that there was no evidence that the Defendant’s act constituted soil contamination.

However, since there is evidence to view that the water produced from the perishable agricultural products stored outside the warehouse was contaminated by the surrounding environment, the court below acquitted the defendant on this part of the facts charged, which affected the conclusion of the judgment, by misunderstanding the facts.

B. Even if the Defendants’ conviction on the assertion of unfair sentencing is acknowledged, the lower court’s punishment (the Defendant’s each fine of KRW 4 million) is too unreasonable.

2. Determination

가. 피고인들의 사실오인 주장에 대하여 폐기물관리법은 제2조 제1호에서, “폐기물”이란 쓰레기, 연소재(燃燒滓), 오니(汚泥), 폐유(廢油), 폐산(廢酸), 폐알칼리 및 동물의 사체(死體) 등으로서 사람의 생활이나 사업활동에 필요하지 아니하게 된 물질을 말한다고 규정하고, 같은 조 제3호에서 "사업장폐기물"이란 「대기환경보전법」, 수질 및...