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(영문) 수원지방법원 2020.04.02 2019고단7820

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

If wastes are disposed of in a manner that does not meet the standards and methods for waste disposal, the competent Mayor may order necessary measures, such as change of the methods of disposal of wastes, suspension of waste disposal or bringing in, etc., within a specified period, and the person

Nevertheless, on April 24, 2019, the Defendant received an order to take measures to dispose of industrial wastes (waste synthetic resin, etc.) left alone on the secondhand C, which were abandoned in the site B from the chemical market around 2019, by June 3, 2019, for an appropriate disposal of wastes neglected within the site, and failed to comply with the above order by the said deadline, even though the period was extended by October 31, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Second notification of administrative disposition, order for administrative disposition (order for measure), receipt of notification of extension of order for measures due to a violation of the Wastes Control Act (C), reports on business trips, on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 65 Subparag. 23 and Article 48 of the Wastes Control Act and Article 65 Subparag. 23 and Article 48 of the Act on the Punishment, etc. of Specific Crimes, and Article 65 Subparag. 23 and Article 48 of the Act on the Selection of Imprisonment for the Punishment, etc. of Specific Crimes, even though the Defendant acknowledged the instant crime and went against his mistake, the Defendant, in the investigation by the investigative agency, newly constructed a comprehensive recycling treatment plant in the Chungcheongnam-gun, and stated that when the new construction of a factory was completed on or around February 2020, the Defendant would be expected to transfer the wastes to the said Geumsan-gun to dispose of the wastes

However, the sentence of punishment shall be imposed as ordered in consideration of the Defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the statutory detention is not required to give the opportunity to dispose of the instant wastes.