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The judgment of the court below is reversed.
Defendant
A corporation shall be punished by a fine of KRW 1,000,000.
Defendant
Co., Ltd.
Reasons
1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of two million won on the Defendants, which the court below sentenced to the Defendants.
(2) The Defendants need to strictly punish the Defendants as harming the purpose of legislation of the Wastes Control Act with the aim of contributing to environmental preservation and qualitative improvement of people’s lives by treating wastes in an environmentally friendly manner, etc. on the third trial date.
However, the defendants make a statement that the facts of the crime of this case were led to the confession in the trial and the mistake were divided. There are circumstances to consider the motive and background of the crime of this case; the extent of damage caused by the crime of this case is relatively minor; the defendant A was a primary offender who has no criminal power; even if the defendant did not sentence the defendant A, it seems that the defendant would not be punished again; and even if the defendant did not sentence the defendant A, it seems that the circumstances would be remarkably anticipated that the defendant would not be punished again, and the circumstances of the opening would be obvious; and in addition, considering the circumstances that the defendants, as shown in the argument of this case, were taken out the wastes of this case, the improper period and volume of the removal, the means and consequence of the crime of this case, the balance with the fines that the F Co., Ltd. received, and the criminal record relation, the defendants' assertion is somewhat inappropriate, and therefore, it is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is in the first trial record among the summary of the evidence of the court below.