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The defendant's appeal is dismissed.
Reasons
1. The defendant's defense counsel on the summary of the grounds for appeal was the first trial date of the first trial that stated that the defendant did not know that the act of creating a sway by using organic sludge was subject to reporting under the Waste Management Act. Thus, the defendant did not have any awareness of intention or illegality.
“Although the allegation was asserted to the effect that “,” it cannot be a legitimate ground for appeal since the time limit for submitting the written reason for appeal has expired.
The punishment sentenced by the court below (one million won) is too unreasonable.
2. A favorable circumstance is that the Defendant’s recycling of wastes without reporting is recognized, that there is no record that the Defendant was punished for the same kind of crime, and that the Defendant’s recycling organic ozone is ultimately used as a decentralization, and that the adverse impact on the environment appears to be relatively insignificant.
However, the Defendant committed the instant crime even though he/she knew that he/she is subject to punishment when he/she produces a balone by recycling organic sludge without reporting it to the competent authorities. The Defendant’s act of committing the instant crime is extremely likely to undermine the legislative intent of the Waste Management Act, which aims to contribute to the preservation of environment and the improvement of the quality of the people’s lives, with the aim of environmentally friendly treatment of wastes, etc.
Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.
Therefore, the sentencing of the defendant is unfair.