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(영문) 의정부지방법원 2018.01.25 2017노2842
폐기물관리법위반등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a year and eight months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment sentenced by the lower court to Defendant A (as to the crime referred to in subparagraphs 2-A, 2-2-A, 2-2, and 3-A of the highest order of 2016 as indicated in the lower judgment in the lower judgment: Imprisonment for one year, 2016 higher order of 4901, 2-3-2, 3-2, and 2016 higher order of 2016 as indicated in the lower judgment, and 537 higher order of 2016: Imprisonment for one year, 2016 higher order of 2016 higher order of 5590, 2016 higher order of 5684, 2017 higher order of 13, 2017 higher order of 136, 2017 higher order of 136: two years) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (two years of imprisonment) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion, it is recognized that: (a) Defendant A led to the confession of and reflects the wrongness; and (b) Defendant A sentenced to punishment; (c) the equity between the case where the judgment was rendered on April 30, 2015 at the same time with the crime of fraud, which became final and conclusive on April 30, 2015; (b) the relationship between the case where the judgment is to be rendered at the same time with the case of fraud; and (c) Articles 4901, 2-1, 2-3-B, 3-B, and (c) and 5337 of the highest group of 2016, which were decided on January 19, 2016, with regard to the crime of violation of the Waste Management Act, which became final and conclusive on January 19, 2016; and (c) there is a family member to support the Defendant (child).

However, Defendant A operated a waste disposal business without obtaining permission at the place of the Chang Waters in Yancheon-si, Papju-si, Papju-si, and Yangju-si, and dumped large quantities of waste fiberss and waste synthetic resins in such areas as the Chang Waters in Yancheon-si, Yangju-si, and the liquidation area in Yancheon-gun-gun.

In addition, the defendant A has leaked the biphenyl which is a specific water-quality harmful substance in the public waters. In light of the dynamics of the act of environmental destruction, it is required to impose strict punishment on the crime of the defendant A.

Defendant

Some of the crimes A committed in the instant case was committed during the period of suspension of execution due to the same criminal record, and the Defendant A continued without suspending the crime even during the trial due to the instant case.

Defendant

A.

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