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(영문) 대전지방법원 2015.06.04 2014노3838
폐기물관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 8 months, 2 years of suspended execution, and 3 million won of a fine, and 160 hours of a community service order) of the lower court against the Defendant is too uneased and unreasonable.

2. The judgment of this case is a case where industrial wastes generated in the course of the construction work or incineration materials incinerated therefrom were buried without permission on another’s land, and it is not good to the nature of the crime in light of the amount of reclamation, etc., and the Defendant’s attitude to reverse the statement about the motive of the crime of this case and the circumstances leading up to the crime of this case, and to avoid his responsibility, etc. are disadvantageous to the Defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the original judgment is too uncomfortable and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is apparent that the “police protocol” in Section 17 of the judgment below is a clerical error in the prosecutor’s protocol, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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