(영문) 대구지방법원 2016.11.18 2016노1797 | 리걸엔진

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(영문) 대구지방법원 2016.11.18 2016노1797

폐기물관리법위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of three million won.

Defendant

A does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of each fine of five million won imposed by the court below against the Defendants is too unreasonable.

2. In light of all the circumstances indicated in the records and arguments of this case, including the defendants' age, character and behavior, environment, family relationship, etc., the court below's punishment of the defendants for the same kind of crime is deemed to be unfair because each punishment of the defendants against the defendants is too excessive and unfair, and the defendants' assertion is reasonable, since the defendants' grounds for rejection of the crime in the court below are as follows: the defendants recognized all of the charges of this case and reflect their mistake in depth; there are some circumstances that may be somewhat different from the circumstances of the crime in this case; the defendants A is aged and seems to have difficulty in economic situation; and other circumstances shown in the records and arguments of this case, such as the defendants' age, character and behavior, environment, family relationship, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: 1. The defendants' statement in the trial court is added to the summary of the evidence, and all of the judgment below is the same as the statement in each corresponding column of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 65 subparagraph 2 of the former Wastes Control Act (wholly amended by Act No. 13411, Jul. 20, 2015; hereinafter the same shall apply); Articles 65 subparagraph 2 and 18 (1) of the former Wastes Control Act; Articles 67, 65 subparagraph 2 of the former Wastes Control Act; Articles 18 (1) and 18 (1) of the former Wastes Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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