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(영문) 창원지방법원 밀양지원 2018.05.31 2017고정92

폐기물관리법위반

Text

Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.

Reasons

1. The facts charged against Defendant B is a general manager who controls and manages Defendant A’s smuggling factory located in Yangyang-si, and Defendant A is a corporation established for the purpose of manufacturing and selling valves.

(a) A person who intends to dispose of wastes shall not pollute the surrounding environment by treating wastes in violation of the standards and methods prescribed by Presidential Decree, and where he/she stores designated waste oil, he/she shall pack the floor of cement and asphalt, etc. so that water does not flow out, have a roof and walls thereof, and store wastes in a storage in a sufficient size of prevention facilities installed to prevent such wastes from flowing out to the outside;

Nevertheless, on August 25, 2014 and September 24, 2014, the Defendant did not keep waste oil designated at the aforementioned appropriate storage place, and caused a total of 0.1L of waste oil to be flow into the Macheon which is a public water area through a cleaning channel, by leaving it in rainwater.

B. As to the Defendant A’s business, the U.S. U. B violated the same provision as the U.S. No. 1.

2. Determination

A. In a criminal trial, the conviction of guilt ought to be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, even if there is suspicion of guilt against the defendant, the determination is inevitable in the interests of the defendant.

B. The following circumstances revealed by the evidence duly adopted and examined by this court, namely, that Defendant A, at the time of July 14, 2014, leased the factory Dong of a smuggling factory to an individual entrepreneur and operated it entirely [E (F) from around September 15, 2014 to September 15, 2014, G (H)].