The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

except that this judgment.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the wastes described in the facts charged in the instant case, which are the supply-demanded L, were buried under the direction of Defendant B and C, the joint Defendant B and C, and there was no fact that the Defendant was involved in or instructed to reclaim them.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment and two years of suspended execution, fine of twenty million won) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the trial of the case, the prosecutor applied for amendments to Bill of Indictment with the deletion of "closed asbestos and waste slate" among the facts charged in the case of this case, and since this Court permitted it, the judgment of the court below cannot be maintained any longer.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court in relation to the revised facts charged, despite the above reasons for reversal, and this is examined in the following 3. paragraphs.

3. Judgment on the Defendant’s assertion of mistake of facts

A. In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by the witness at the first instance court was clearly erroneous in its determination.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court's judgment on the credibility of the statement made by the witness of the first instance court is subject to the appellate court's judgment.