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(영문) 대구지방법원 2018.11.08 2018노2154
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 five million won) is too unreasonable.

2. In light of the legislative intent of the Waste Management Act to contribute to the preservation of the environment and the improvement of the quality of the people’s lives by preventing the generation of wastes to the maximum extent possible, the crime of this case is considered as a favorable circumstance in light of the following: (a) the Defendant’s mistake is recognized and reflected; (b) the profit gained from the crime of this case is a small amount of money; and (c) the fact that there was no record of punishment for the same kind of crime.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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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