logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.11 2018노525
폐기물관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the defendant's punishment (one year and three months of imprisonment) of the court below, and the prosecutor asserts that it is too unaffortable and unfair.

2. The judgment is an unfavorable circumstance to the Defendant, such as the fact that the Defendant had been punished twice due to the same type of crime, and if so, the Defendant committed each of the instant crimes, and that the Defendant damaged farmland and mountainous districts in a large area for his own interest, and that even if performing restoration works on the original state, it would be difficult to completely recover the natural state of the original state.

On the other hand, it is against the defendant's judgment that the defendant recognized his mistake in the first instance, and the defendant carried out and embling the wastes filled in G land in the second instance among the land subject to the crime of this case, and performed additional banking operations in the first instance court, and endeavoring to restore the land to its original state by obtaining approval of mountainous district recovery design with respect to O and L, etc.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it

The laws and regulations;

arrow