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(영문) 울산지방법원 2018.06.21 2017고정83

하수도법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of D who sells garbage for kitchen use in Ulsan-gun C.

The Defendant sold food wastes to a general household located in Jeju-do with the amount of KRW 400,000,000, which discharged food wastes from less than 20% based on the weight of solid waste. However, on June 2015, the Defendant sold the garbage crushing machine for kitchen use, which discharges food wastes as they are, by removing secondary disposal (based on model T-450) of garbage crushing machine (based on model T-450) differently from the details certified as a policeman.

Summary of Evidence

1. Entry of the defendant in part in the protocol of public trial on the first and second occasions;

1. Each statement made by E, F and G in the fourth public trial records, from among the public trial records;

1. Application of a survey sheet for garbage crushing, and photographic Acts and subordinate statutes requesting the investigation of violations;

1. Article 76 of the Act applicable to the relevant facts constituting an offense and Articles 76 subparagraph 2 and 33 (1) of the Act (opportune selection);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement [The defendant is a principal offender, the defendant is only a person who supplies and sells the garbage of this case in the course of committing the crime, and the manufacturer seller is punished separately (the Changwon District Court Decision 2017No985 decided Oct. 18, 2017; 1,00,000 won)];