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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the circumstances leading up to the instant crime, the fact that the Defendant did not fit new wastes, and the fact that the Defendant is scheduled to complete the restoration to the original state, etc., the lower court’s punishment (a fine of KRW 30 million) is unreasonable.
B. In light of the nature of the crime committed by the prosecutor of the instant case, the lower court’s punishment is deemed unreasonable.
2. The judgment of the Defendant committed the instant crime again during the period of suspension of execution, even though he/she was sentenced to a fine of five times and a one-time suspended sentence on the grounds that he/she failed to comply with an administrative authority’s order to take measures to remove wastes without permission or to dispose of wastes.
The amount of wastes accumulated by the defendant is very large and the deficit period is also long.
Although the waste disposal under Paragraph (2) of the facts charged in this case was completed in the past, it was done by administrative agencies, and the defendant did not pay expenses for vicarious administrative execution.
However, in light of the fact that the instant crime is not a new storage of wastes by the Defendant, and the waste referred to in Paragraph (1) of the instant charge appears to have been caused by the instant crime, and other various sentencing circumstances indicated in the records, such as the Defendant’s age, character, conduct and environment, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.