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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (fines 5,00,000) is too unreasonable.
2. The crime of this case by the defendant is likely to cause damage to the purpose of legislation of the Wastes Control Act with the aim of contributing to environmental preservation and the improvement of the quality of people's lives by eco-friendly disposal of wastes, and thus, it is necessary to strictly punish the defendant in light
However, in full view of the following circumstances: (a) the Defendant led to the Defendant to commit the instant crime; (b) the neglected wastes have been disposed of around November 13, 2013; (c) the Defendant has no record of being punished for the same kind of crime; and (d) the Defendant’s age, environment; (b) the background leading to the instant crime; (c) the means and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s appeal is reasonable.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 65 Subparag. 8-2, Article 40(2) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014); Article 66 Subparag. 5, and Article 18(3) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014); Article 66 Subparag. 5, and Article 18(2) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014);
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not fulfilled due to failure to comply with the order of removal measures heavier than punishment;