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(영문) 창원지방법원 2018.09.05 2018고단856

폐기물관리법위반등

Text

A person shall be punished by imprisonment with prison labor for not less than two million won and for not more than six months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domain award) committed on July 14, 2017: Imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc. of Specific Crimes"): A person who violated the Waste Management Act (2016): A fine of three million won for a violation of the Waste Management Act (2017): 2 million won for a fine / [criminal] on January 1, 2018, the Defendant of the Gangseo-gu Busan Metropolitan Government case is a person who actually operates D for the purpose of collecting and transporting wastes in Gangseo-gu, Busan Metropolitan City.

Every waste disposal business entity shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities approved, etc. in the permitted place of business, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant, from March 2016 to March 7, 2017, has arbitrarily accumulated approximately 130 tons of waste, such as waste synthetic resin and waste wood, in an appropriate place, such as storage facilities or temporary storage facilities approved in the permitted place of business.

2. "Cases 2018 Highest 1256".

A. The Defendant violated the River Act without permission to occupy and use a river area, and occupied and used land by piling up containers, wastes, etc. without permission to occupy and use the land at the Fow of Kimhae-si, the river management agency, from September 11, 2017 to October 17, 2017.

B. On October 24, 2017, the Defendant violated the Waste Management Act, issued an order to the effect that he/she should properly dispose of wastes stored without permission from the Kimhae market and submit a report on the completion of the performance, not at an appropriate disposal place or recycling place designated by December 26, 2017. However, the Defendant failed to comply with the order by the said date and time without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Relevant Articles 66 subparagraph 9 and 25 (9) 1 of the Waste Management Act (waste) concerning facts constituting an offense, and Articles 66 subparagraph 9 and 25 (9) of the same Act;