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(영문) 춘천지방법원 속초지원 2015.08.26 2015고단225

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

No person shall reclaim or incinerate wastes in any place other than a waste disposal facility permitted, approved, or reported.

Nevertheless, on February 2015, the Defendant buried approximately 660 square meters of rice in Gangwon-gun C, which is not a waste disposal facility permitted, approved, or reported to a patrolman, and buried approximately 15 tons of waste blocks, waste bricks, etc., which are about 105-120 tons of waste blocks and waste bricks, which were generated in the course of the construction of a fish farm (Gangwon-gun D) operated by the Defendant, together with soil (including soil).

Accordingly, the Defendant buried industrial wastes in a place other than a waste disposal facility permitted, approved, or reported.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning details of transactions, cadastral map, and Internet output;

1. Relevant Articles 63 subparagraph 2 and 8 (2) of the Wastes Control Act, and choice of imprisonment with prison labor (with prison labor being taken into account four times before the same type of crime);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, the fact that a confession is made, and the fact that reinstatement is made);

1. Article 62-2 of the Criminal Act of the community service order (to prevent recidivism, etc. in light of multiple criminal records of the same kind);