beta
(영문) 대구지방법원 상주지원 2019.07.09 2018고정102

폐기물관리법위반

Text

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

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

Reasons

Punishment of the crime

The competent authority may order a person who has disposed of wastes to take necessary measures, such as change in the method of disposal, waste disposal or suspension of the disposal of wastes, etc. within a specified period when the wastes have been disposed of or buried in violation of the Wastes Control Act, or a person who has been ordered to take such measures shall comply with the order to take such measures, except in extenuating circumstances.

Nevertheless, on November 2, 2017, the Defendant issued an order to take measures to collect approximately KRW 1,500 tons of industrial wastes illegally dumped in B ( approximately approximately KRW 5,978 square meters) from a residential market located in the jurisdiction of the competent authorities, but did not comply with the order without justifiable grounds, even though he/she received an order to lawfully collect them by December 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. A written accusation;

1. The application of Acts and subordinate statutes is guilty of facts constituting an offense in full view of the facts as follows: (a) an order to take an administrative disposition (order to take measures on waste treatment) [the order to take measures on waste treatment] [the order to take full account of the fact that the permanent state Mayor was ordered to take measures against the 16th person, including the Defendant, etc. on November 2, 2017; (b) the fact that the wastes arranged by the Defendant and D are indicated in 20-25 tons of vehicles with 25 tons of vehicles in the Daegu District Court stay Support 2018 High-Ma33, which became final and conclusive; and (c) the Defendant and D stated that they are about 300 tons

1. Article 65 subparagraph 23 of the Wastes Control Act and Article 48 of the same Act concerning facts constituting an offense (the point that the order to take measures is not complied with);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;