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(영문) 대전지방법원 2017.07.19 2016노3787
폐기물관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 1.5 million won) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and against the mistake, and that the defendant appeared to have buried the wastes of this case under the direction of the co-defendant A of the court below, and thereafter, the contents of the crime of this case were clarified by directly filing a charge of illegal reclamation, and that the defendant did not have been punished for the same kind of crime, and that there is no economic difficulty, etc. are favorable to the defendant.

However, until the judgment of the court below, the defendant was not responsible for the crime of this case against A and did not reflect the mistake, and the fact that the defendant has a record of criminal punishment several times due to the crime of this case is disadvantageous to the defendant.

In addition, comprehensively taking account of the fact that there are no special changes in the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable because the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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