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(영문) 의정부지방법원 2014.12.18 2013고정2420

폐기물관리법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

On January 13, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of the Road Traffic Act by the Seoul Northern District Court on January 13, 201. The judgment became final and conclusive on January 21, 201. On December 18, 2012, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Wastes Control Act by the Jung-gu District Court on December 18, 201, and the judgment became final and conclusive on January 25, 2013.

At around 19:00 on June 6, 200, the Defendant buried in the railway site located in 659-3 and 2-3 of the same mountain, 25 tons of dump truck, which is a commercial waste of 12 tons of 25 tons of sump truck, without permission from the competent authorities.

Summary of Evidence

1. Each legal statement of witness C and D;

1. An interrogation protocol of the accused by the prosecution (including the C’s statement);

1. Each police statement of E and F;

1. A written accusation;

1. Classification number of cadastral map, land cadastre, register of automobiles and workplace wastes;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of each judgment and summary agreement auxiliary to cases;

1. Article 63 of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013) and Articles 63 and 8(1) of the former Wastes Control Act, the choice of fines for criminal facts

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Summary of the facts charged

A. A. The Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development without obtaining permission from the competent authority, and around June 19, 2009, the Defendant changed the form and quality of the land by reclaiming in the land for railway located in the 659-3 and the same mountain 2-3 of the Dong-si, Chang-dong, which is a development restriction zone.

B. On June 6, 2009, the Defendant violated the State Property Act (hereinafter “Korea Rail Network Authority”), which is owned by the Korea Rail Network Authority, on or around 19:00, 659-3 and 659-3.