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(영문) 의정부지방법원 2016.08.25 2016고정750

폐기물관리법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall reclaim or incinerate wastes at a place other than a waste treatment facility permitted, approved, or reported pursuant to the Waste Management Act.

D Nevertheless, around February 27, 2015, at the place of business of F, a company for crushing and selling aggregate in Namyang-si, Inc., the head of the above company's factory, "a request to reclaim soil (inorganic sludge)". Accordingly, the above G called dump truck article to the Defendant, who is a dump truck article, inform the Defendant of the contact address of D, and "a public announcement of soil (inorganic sludge)", and the Defendant buried D from February 27, 2015 to March 3, 2015, the place of business of the above company, which is known to D, from February 27, 2015 to March 3, 2015.

Accordingly, the Defendant and D conspired to reclaim wastes in a place other than waste disposal facilities.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the examination of suspects of G and the accused by the prosecution;

1. One copy of the notification of detection report (Violation of the Waste Management Act) and the notification of data related to illegal disposal of commercial waste : the Defendant and the defense counsel heard that they find articles to transport soil from G and D at the time, and they knew them to dump truck articles without a dump truck articles, and there was no direct reclamation of inorganic sludge, and there was no inorganic sludge map.

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, ① the Defendant was aware of the inorganic Error at the time of being investigated by the South-do Special Judicial Police Division at the time of this case, and was aware that it was illegal at the time of this case, but can be seen as being obtained from the last good date after being shown well to the Fund.

하여 ㈜F 의 부탁을 들어준 것이라는 취지로 이야기하였던 사실, ② 또한 피고인은 이 업계에서 ‘ 무기성 오니 ’를 ‘ 뻘’ 이라고...