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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.
B. Each sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months, Defendant B: fine of 10,000,000) that the lower court sentenced the Defendants is deemed to be too uneasible and unreasonable.
2. The judgment of the court below led to approximately 18,486 tons of the permissible storage quantity (1,050 tons). In light of the records, even if Defendant A’s non-performance of the instant disposal order is considered in light of the records, there is a high possibility of criticism against the Defendants, and there seems to be serious harm caused by the said neglect, the Defendants recognized all of the crimes, and the Defendants were in the disposal of part of the neglected wastes up to the present time, but the disposal volume was minor, considering the various sentencing conditions indicated in the records and arguments, even if the court’s punishment against Defendant A and the Prosecutor were too heavy, or each of the above punishment against the Defendants is too too unreasonable, considering the circumstances asserted by Defendant A and the Prosecutor on the grounds of appeal.
3. In conclusion, Defendant A’s appeal and prosecutor’s appeal are without merit, and they are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 25(1) of the Regulation on Criminal Procedure: (a) Defendant A issued a summary order of KRW 3 million on June 15, 200 to a fine of KRW 3 million for a violation of the Waste Management Act at the Incheon District Court on December 29, 200; and (b) Defendant A issued a summary order of KRW 3 million for a violation of the Waste Management Act at the Incheon District Court on September 13, 2001; and (c) on March 16, 201, Defendant A was sentenced to a fine of KRW 4 million as a violation of the Waste Management Act at the Incheon District Court on September 13, 201.