beta
(영문) 서울중앙지방법원 2015.08.17 2015고정608

건설폐기물의재활용촉진에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the head of the Seoul Special Metropolitan City Gwanak-gu Management Office, and Construction Waste Discharge.

A construction waste discharger shall investigate the estimated quantity of each construction waste generated by kind and prepare a waste disposal plan based on the results thereof and report it to the competent authority.

However, the Defendant did not submit a waste disposal plan to the head of the Gu on March 3, 201, and on March 3, 201, in accordance with the evidence of 132 and 132, '312 of the facts charged' appears to be a clerical error, and thus, it should be recognized as committing a crime.

It discharged 68,900 rubber bricks from the construction works for improving and repairing children's playgrounds in an apartment complex, which is a construction waste stored in an underground parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of each police interrogation protocol against the accused;

1. Some statements in the police statement concerning D;

1. The application of the Acts and subordinate statutes on questions to the head of Gwanak-gu Office, the 132 underground parking lot waste disposal completion paper, the certificate of shipping into or out of the country, the first council of occupants' representatives meeting minutes of extraordinary meetings on February 1, 11;

1. Article 7 of the Addenda to the Act on the Promotion of Construction Waste Recycling (amended by Act No. 11879, Jun. 12, 2013); Article 64 subparagraph 1 of the former Construction Waste Recycling Promotion Act (amended by Act No. 11879, Jun. 12, 2013); Article 17(1) of the former Construction Waste Recycling Promotion Act; the selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Suspension of sentence: Article 59 (1) of the Criminal Act (Consideration of the details of waste discharge, the period of service of defendants, the period of punishment without any history);