logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.12 2017노68
폐기물관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence (4 million won in penalty) declared by the court below against the defendant.

2. In light of the fact that the Defendant, without the permission of the competent authorities, engaged in the collection, recycling, and disposal repair business of waste sludge for a long period of up to six years, may not be less than that of the crime of this case, but may adversely affect public health and natural environment, there is a need to strictly punish the Defendant.

However, in light of the fact that the defendant has no record of criminal punishment of suspension of qualifications or more severe punishment; that the defendant appears to have reached the crime of this case on the premise that he purchases heavy stoba, not wastes; that there are no other circumstances to consider the circumstances; and that all of the sentencing conditions stated in the records of this case and the theory of changes, such as the defendant's age, sex, environment, and conditions before and after the crime, are equally taken into account, the prosecutor's assertion above is without merit, since the sentence imposed by the court below against the defendant is too uneasible and thus it seems unfair.

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

arrow