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(영문) 대법원 2019.09.10 2019도9936
폐기물관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant D, the lower court upheld the first instance judgment convicting Defendant D of the facts charged against Defendant D (excluding the part not guilty in the grounds of appeal) on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of “commercial wastes” in the crime of violating

2. As to the grounds of appeal by Defendant F, the ground of appeal by the lower court that there was an error of misunderstanding of facts as to accomplice relations or misunderstanding of legal principles is alleged only when Defendant F considered it as the grounds of appeal, or when the lower court did not consider it as being subject to ex officio, the ground of appeal is not legitimate

In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal can be filed

Defendant

In this case where F is sentenced to a more minor sentence than F, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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