beta
(영문) 의정부지방법원 2014.01.23 2013고단3522

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Height352]

1. On March 11, 2013, the Defendant buried commercial wastes, which are wastes of a place of business secured through a truck engineer, in farmland located in Yangju-si, which is a business site secured on farmland located in Yangju-si, 1,460 cubic meters, and covered the upper end of the house and buried the commercial wastes.

[2013 Highest 4001]

2. The Defendant, as stated in paragraph (1), did not comply with an order to take measures on the ground that he/she buried commercial wastes into farmland located in both weeks without permission, even though he/she was issued an order to take measures to remove wastes from the two weeks market by October 27, 2013, on the ground that he/she did not remove wastes from 270 cubic meters of 270 cubic meters, without justifiable grounds

Summary of Evidence

[2013 Height352]

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A written confirmation or on-site photograph;

1. Investigation report (Hearing statements by an investigator in charge) (201 high-ranking 4001);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (informant documents, etc.);

1. Article 63, Article 8(2) of the former Wastes Control Act (amended by Act No. 11980, Jul. 30, 2013); Article 65 Subparag. 10, and Article 48 of the Wastes Control Act (Non-performance of an order to take measures) concerning criminal facts;

1. Selection of each sentence of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that it is against the law, circumstances of the crime, criminal records of the defendant, etc.);