beta
(영문) 서울북부지방법원 2015.06.18 2014고정1808

폐기물관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of the secretariat of "Dsan Women" in Seongbuk-gu Seoul Metropolitan Government, who has been in charge of the management of medical wastes with the above women.

A person who discharges, collects, transports, recycles, or disposes of industrial wastes prescribed by Ordinance of the Ministry of Environment shall enter matters concerning the delivery and receipt of wastes on the electronic information processing program under Article 45 (2) whenever he/she discharges, collects, transports, recycles, or disposes of such wastes, as prescribed

However, from April 1, 2013 to July 31, 2013, the Defendant was acquitted on the part of not guilty of tissue and logistics wastes (in bulk) generated from D’s “D’s father and child”: The prosecutor indicted the Defendant that the quantity of wastes discharged without the entry is “25 km quantity”.

However, according to evidence, it is determined that the volume of waste discharged from April 2013 to July 2013 is 118.2km. The part that the defendant did not enter the quantity of waste discharged exceeding the above discharged quantity into the delivery and receipt of the 106.8km quantity.

However, as long as it is found that a person is guilty of violating the Wastes Control Act in the judgment related to such a crime, the judgment of innocence shall not be rendered separately in the text. The content of the transfer and takeover of the quantity was not entered into the electronic information processing program.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A statement recorded in the witness G and H respectively;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the results of the investigation of the quantity of medical wastes generated, the weight measurement and delivery status of solar teams, and the timely entry of the system into the system

1. The defendant and his defense counsel in the summary of the argument do not fall under the "person who discharges commercial wastes" under Article 18 (3) of the Wastes Control Act, and (2) the offender to whom the penal provisions of Article 66 (5) are applied by the joint penal provisions of Article 67 of the same Act.