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(영문) 수원지방법원 평택지원 2018.06.21 2018고단87

폐기물관리법위반

Text

Defendant

A shall be punished by a fine of 10,000,000 won, and a corporation B shall be punished by a fine of 5,000,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A is an internal director of a stock company B that engages in the business of producing and selling aggregate in Ansan-si C.

No one shall reclaim or incinerate wastes at a place other than a waste disposal facility permitted, approved, or reported pursuant to this Act.

Nevertheless, around September 9, 2017, the Defendant buried aggregate of 125 tons of “organic sludge”, which is a place of business, generated in the process of collecting aggregate from the above stock company B and producing sand and gravel, into one of the lots of land D in Ansan-si, which is not a waste disposal facility reported by using dump truck, instead of a waste disposal facility.

2. Defendant B Co., Ltd. caused the above A to commit a violation as referred to in paragraph (1) above.

Summary of Evidence

1. Defendants’ legal statement

1. Each report on investigation;

1. Application of statutes on field photographs;

1. Defendant A of the relevant criminal facts: Article 63 subparag. 2 and Article 8(2) of the Waste Management Act; Articles 67, 63 subparag. 2 and 8(2) of the Waste Management Act; and Articles 67, and 63 subparag. 2 and 8(2) of the Waste Management Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is as follows: (a) Defendant A had a record of being punished for the same crime; (b) however, there is a high possibility of criticism in that he/she again commits the instant crime; (c) however, he/she divided his/her mistake and restored to the original state.