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(영문) 수원지방법원 2020.05.29 2020고단650

폐기물관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A, as the representative of “Co. B” located in Heung-gu Seoul Metropolitan Government, and Defendant A, from November 2, 2017 to January 2, 2020, operated a waste disposal business by collecting waste home appliances from the said place of business in the apartment houses located in Gung-si, Sinsung-si, without obtaining permission from the competent authority, and destroying or dismantling them.

2. The Defendant Company B did not exercise due care and supervision to prevent such a violation in the event that the representative A engages in an unauthorized waste treatment business, such as the date and time set forth in paragraph (1), at a place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Voluntary statement of the draft D;

1. Copy of business registration certificate;

1. Application of statutes on site photographs;

1. Article 64 subparagraph 5 of the Wastes Control Act, Article 25 (3) (general control) of the Wastes Control Act, and Article 67, Article 64 subparagraph 5 of the Wastes Control Act, and Article 25 (3) (general control) of the Act on the Control of Wastes;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Inasmuch as compliance with the Wastes Control Act’s reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is important for environmental preservation and improvement in the quality of people’s lives, it is necessary to strictly punish violations.

However, the Defendants recognized the instant crime.

There is room for consideration of the circumstances leading to the instant crime by the Defendants.

Defendant

A has a record of being punished once by a fine due to a crime of this kind, and there is no record of criminal punishment otherwise.

Other circumstances shown in the records, such as the motive, circumstances, results, and circumstances of the crime, shall be determined as per the disposition.