All appeals by the Defendants are dismissed.

1. Summary of the Defendants’ grounds for appeal

가. 사실오인 내지 법리오해 피고인 B은 공소사실과 같이 무기성오니를 운반한 사실이 있으나, 당시 운반대상물이 단순히 ‘뻘 흙’ 내지는 ‘토사’인 것으로 알았을 뿐, 그것이 사업장폐기물인 ‘무기성 오니’라는 사실을 몰랐으므로, 공소사실에 대한 고의가 없었다.

B. The lower court’s sentence against the Defendants on unreasonable sentencing [Defendant B: Imprisonment with prison labor for one year, two years of suspended execution, and fine for negligence for 20 million won] is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by mistake of facts or misapprehension of legal principles and the evidence duly admitted and investigated by the court below, Defendant B is recognized to have been fully aware of the fact that the transported goods entrusted at the time of the instant case were commercial wastes.

Therefore, the above assertion by the Defendants cannot be accepted.

① Defendant B was well aware that he should obtain lawful permission from the competent authority in order to operate a waste disposal business by operating the Defendant DB-affiliated business for a considerable period of time to operate a waste disposal business by collecting, transporting, etc. commercial wastes.

② Defendant B was aware of the fact that Defendant B visited the place of business of the Dispute Resolution Co., Ltd. in a more than ten times to witness the process of generating “inorganic sludge,” which is commercial wastes, by collecting and compressing wastewater generated in the process of producing gravel and sand, and the fact that Defendant’s transportation was generated through such process is well known.

③ 피고인 B이 이와 같은 공정에 따라 발생한 사업장폐기물을 단순한 ‘뻘 흙’이나 ‘토사’에 해당하는 것으로 오인하였고 하더라도, 위와 같이 피고인이 운반할 대상물의...