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(영문) 대구지방법원 2019.05.17 2019노448
폐기물관리법위반등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and three months;

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. In the judgment of the court below, it is recognized that the defendant had been already punished four times of total, including one sentence, due to the violation of the Punishment of Violences, etc. Act, and that there were 12 times of past convictions, and that in collusion with B in this case, waste from about 3 months to about 8,200 Simbs were stored without permission, and during that process, the factory of the victim D Co., Ltd. was damaged and the recovery of damage was not completed by 100%, and that the judgment of the court below of this case was conducted in an unfaithful manner, such as the absence of several times in the process of the judgment of the court below of this case.

However, it is also recognized that the Defendant recognized all of the instant crime and reflected, the Defendant appears to have made considerable efforts to remove and treat wastes in the trial to complete considerable part of the waste disposal work, and in this regard, D Co., Ltd, the owner of the plant where the said wastes were loaded, wanting to leave the Defendant’s wife in the trial.

In addition, considering various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 64 Subparag. 5 and Article 25(3) of the Wastes Control Act, Article 30 of the Criminal Act (a point where an unregistered waste disposal business is operated), and punishment of violence, etc. for a crime;

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