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(영문) 울산지방법원 2016.02.05 2015노1297
폐기물관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (Defendant A: four months of imprisonment, one year of suspended sentence, one year of suspended sentence, and three million won of fine) is too unreasonable.

2. The instant crime was committed while storing sewage dredging soil, which is a waste, and contaminated the surrounding environment by leaking about about 70 km into a river in the manner of leaving the excellent manle in the place of business, and it was confirmed that water pollutants exceeding the permissible discharge level from the leaked sewage dredging soil, and that the Defendants had been punished three times by a fine for the same kind of crime, etc. are disadvantageous to the Defendants.

However, there are circumstances favorable to the Defendants, such as the fact that the Defendants recognized the instant crime, the volume of leaked wastes is relatively large, and the prevention of recurrence was taken after the instant crime, the administrative penalty surcharge of KRW 20 million is imposed on the Defendant B Co., Ltd. as the instant case, and the fact that there are some circumstances that may be considered to lead to the instant crime while the Defendant constructed a container for dredging sewage.

In full view of the aforementioned unfavorable circumstances and favorable circumstances, the legislative intent of the Waste Management Act to promote environmental preservation and improvement in the quality of life by properly disposing of wastes, and other various circumstances, including Defendant A’s age, sexual conduct, environment, family relationship, motive and circumstance of a crime, and circumstances of sentencing as shown in the trial process, even if considering all favorable circumstances to the Defendants, it cannot be deemed unfair because the lower court’s punishment is too excessive and unreasonable. Thus, the Defendants’ assertion is without merit.

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

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