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(영문) 창원지방법원 2017.03.31 2016고단4063

폐기물관리법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a waste disposal business operator who has obtained a license for the comprehensive waste disposal business in Kimhae-si D and operates the E business place.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

From October 10, 2016 to October 20, 2016, the Defendant stored approximately 80 cubic meters (40 cubic meters in cubic meters from 40 cubic meters in cubic meters) of the waste synthetic resin, which is a waste entrusted within the said E business establishment, in a place other than the permitted storage facility.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of violation;

1. A permit for waste treatment business, or a plan for waste storage facilities;

1. Copy of business registration certificate;

1. Application of statutes on field photographs;

1. Article 66 subparagraph 9 of the relevant Act concerning facts constituting an offense and Article 66 subparagraph 1 of the Wastes Management Act that choose to impose a penalty (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, has laid down a considerable quantity of closed synthetic resin on the outside and outside the roof, not at the place where permission was granted, and the degree of violation of the law is not weak.

Moreover, the Defendant, who runs a comprehensive recycling business without permission at the same place, has a record of being subject to criminal punishment for a violation of the Waste Management Act.

immediately after being granted a comprehensive license for recycling business, it violates the same law in 2 years and in 2 years.

However, the defendant is provoking to commit a crime and reflect in depth the mistake.

In fact, the crime of this case seems not to cause harm to the environment and health, such as environmental pollution, and the crime is temporarily committed due to economic depression and facility problems, and the period of crime is not long.

After detection, it seems that all violations have been corrected.

The previous criminal records are the same as the fine, and there is no criminal records except the fine.

The age, sex, environment, details of crimes, and crimes of the defendant.