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(영문) 대구지방법원 2017.05.24 2016노3833
폐기물관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The judgment is a favorable condition that the defendant led to the confession of the crime of this case and reflects the mistake, and the defendant has no record of the same kind of crime.

However, in light of the content and method of the crime, the legislative intent of the Waste Management Act, etc., the crime of this case committed by the Defendant is not less than the nature of the crime, the amount of waste discharged by the Defendant is not much sufficient, and the lower court appears to have sentenced to a fine reduced than the summary order, taking into account the favorable circumstances of the Defendant, and there are no changes in circumstances that could change the punishment prescribed by the lower court.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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