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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal cannot be deemed as waste under the Waste Management Act inasmuch as the Defendant’s compresseded cable is cut off (hereinafter “the instant copper, etc.”) and the compressed, etc. installed and operated by the Defendant does not constitute waste disposal facilities under the Waste Management Act.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
2. In the judgment of the court below, the defendant and the defense counsel asserted the same grounds for appeal, and the court below rejected the above argument in detail under the title "the judgment on the defendant's and defense counsel's assertion". In light of the records of this case, the court below's aforementioned judgment is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding legal principles which affected the conclusion of the judgment.
It does not appear.
On the other hand, Article 2-2 of the Waste Management Act provides for detailed classification of the types of wastes and the types of recycling, in consideration of the source of waste generation, composition, hazards, etc., by Ordinance of the Ministry of Environment.
Article 4-2 (1) of the Enforcement Rule of the Waste Management Act, which is a Ordinance of the Ministry of Environment following the delegation thereof, shall be as specified in attached Table 4.
The above Enforcement Rule provides that "the waste metal" is also classified as a general waste of a workplace according to the detailed classification of wastes by type according to the above Enforcement Rule [Attachment 4], and since the Guide, etc. in this case constitutes wastes under the Waste Management Act.
Therefore, the defendant's mistake of facts or misapprehension of legal principles 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.