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(영문) 수원지방법원 2019.07.26 2019노1321
토양환경보전법위반등
Text

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

Reasons

1. On March 12, 2019, Defendant A did not submit a statement of grounds for appeal even when he/she received a written notification of the receipt of trial records from each court on March 11, 2019, and Defendant B did not submit a statement of grounds for appeal even when he/she received a written notification of the receipt of trial records from each court on March 11, 2019. The petition of appeal does not contain any indication of the grounds for appeal, and

Meanwhile, in the appellate brief filed after the deadline for submitting the appellate brief on April 9, 2019, the Defendants’ defense counsel extended the application of joint penal provisions of Article 31 of the Soil Environment Conservation Act with respect to the violation of the Soil Environment Conservation Act in the instant facts charged to the person who actually executes the relevant business, and accordingly punished the Defendant A, who is the offender, with the Defendant Company B. However, even if examining it ex officio, the lower court’s judgment (in the original trial, the lower court determined that Article 31 of the Soil Environment Conservation Act, which is a joint penal provision, also constitutes the ground for punishment against the Defendant A, who is the offender) cannot be said to be erroneous.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., both forms) of the lower court’s respective sentences (a.g., a fine of KRW 10 million for each of the Defendants) are too uneased and unreasonable.

B. Comprehensively taking account of the arguments and records of the instant case, the lower court appears to have reasonably decided by taking into account the various grounds for sentencing asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the Defendants’ appeal should be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as the Prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds of lack of reason, the Defendants and the Defendants by a collective decision without separately rejecting the Defendants’ appeal.

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