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(영문) 수원지방법원 평택지원 2018.08.17 2017고정109

폐기물관리법위반

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[Defendant A] The Defendant is innocent. The summary of this judgment is publicly notified.

[Defendant B] The Defendant is innocent. The Defendant is not guilty.

Reasons

1. The summary of the facts charged is Defendant A’s in-house director of Defendant B, and Defendant B is a corporation established for the purpose of manufacturing and selling water treatment medicine.

(a) No person who has obtained permission or approval, or who has filed a report shall reclaim or incinerate wastes at a place other than a waste disposal facility;

Nevertheless, between May 27, 2016 and June 2016, Defendant A buried in Pyeongtaek-si C the extent equivalent to approximately 400 km of industrial wastes, such as closed board teams, smoke festivals, and waste oil, which occurred while removing a place of business in which the place of business was located, in the manner of mind, rather than waste disposal facilities permitted or approved or reported.

B. B Defendant B Co., Ltd. buried industrial wastes at a place other than waste disposal facilities, as described in the above paragraph (a).

2. Determination

A. In a criminal trial, the burden of proving the facts constituting the crime prosecuted lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) The defendants and the defense counsel did not instruct the defendant A or D (F) or E (F) to reclaim the wastes of this case.

(c)

In light of the facts found by the evidence duly admitted and investigated by this Court, the following circumstances, i.e., Defendant B, a corporation, around May 27, 2016, is the removal of the building that contracted the removal of this building to D around May 27, 2016.