폐기물관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the facts charged in the instant case is that the Defendant is a person operating a personal place of business for the purpose of waste treatment business with the trade name of Kimpo-si B, and anyone who intends to engage in the business of collecting, transporting, or disposing of wastes is required to obtain permission from the Mayor/Do Governor for each type of business with facilities, equipment, and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment, but he/she operates a waste treatment business by collecting waste synthetic resin, etc. from October 2, 201 to May 31, 2012 without permission from the competent administrative agency within Kimpo-si C, Kimpo-si, and then
2. According to the records of this case, it is reasonable to view that the Defendant installed 10-macul 1, which is a waste disposal facility used in compressing waste packaging materials in the business place located in Kimpo-si, Kimpo-si, Kimpo-si, on June 21, 2012, without reporting that the Defendant issued a summary order of KRW 2 million in violation of Article 66 subparagraph 11 of the Wastes Control Act and confirmed on July 6, 2012 due to the violation of Article 29 (2) of the Wastes Control Act. Thus, it is reasonable to view that the facts charged in this case and the facts charged in the above summary order are identical in that the same Defendant intended to operate the waste disposal business by installing the same facility at the same time and at the same place, and that the social facts that form the basis of both facts are identical to the facts charged in this case. Thus, the res judicata effect of the above summary order also affect the facts charged in this case.
If so, as to the facts charged of this case, a judgment of acquittal shall be rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act because it constitutes a final judgment.
3. Violation of the Wastes Control Act against which the summary order above the gist of the grounds for appeal has become final and conclusive, and violation of the Wastes Control Act stated in the facts charged of this case shall be permitted to install the unreported waste disposal facilities, respectively.