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The judgment below
The acquittal part against Defendant A shall be reversed, and this part of the case shall be remanded to the Panel Division of the Suwon District Court.
Reasons
The grounds of appeal are examined.
1. As to Defendant A’s ground of appeal
A. The court below held that "Defendant A buried the total of 6,720 tons of inorganic waste, which is the commercial waste entrusted by Defendant F and Defendant B, from June 14, 2009 to January 17, 2010, in the farmland of the same J, K, the same Gu J, K, the same Gu I, and the same Gu H, without permission, as shown in the crime log table in the judgment of the court below." As to this part of the facts charged, the court below held that "Defendant A, according to the records, carried in sand and embling in the farmland of the area which was low in several years before and after the period of the above facts charged, while operating a sand shed at the reclaimed land of this case during the period of the charge, and then buried approximately 920 tons of inorganic waste, which was entrusted by Defendant G from November 16, 2009 to December 2, 2009, as I farmland of the 1920 tons of inorganic population of the Republic of Korea without permission.
“A summary order is issued to a summary order of KRW 5 million on April 9, 2010 upon a request for a summary order of KRW 5 million, but upon a request for formal trial on December 23, 2010, the judgment became final and conclusive on December 31, 2010. The facts charged in this part of the facts charged are the same legal interest protected, the form of crime is the same, and each act is continuous at the same time and place, and the frequency, period, method, etc. of the crime together with a single and continuous criminal intent. In light of the facts charged in the above final judgment and the contents, timing, method, etc. of the facts charged, the final judgment is related to this part of the facts charged, and thus, the final judgment was acquitted under Article 326 subparag. 1 of the Criminal Procedure Act for this part of the facts charged.
B. However, we cannot accept the above determination by the court below for the following reasons.
(1) Criminal trials are substantive.