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(영문) 창원지방법원 2018.09.14 2018고정432

폐기물관리법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutually recyclable enterprise called Kimhae-si B.

A person who has been ordered by the competent authority to take measures against waste treatment shall comply with an order to take measures.

Nevertheless, the Defendant left waste without permission at the above place on February 5, 2018 from the Kim Sea.

There is a controlled fact.

On March 2, 2018, the Defendant received a registration of an administrative disposition order to dispose of wastes from the Kimhae-si (No. 105 Dong 702) at the domicile of the Defendant at the seat of the Kimhae-si (No. 105 Dong 702), and failed to comply with an order to take waste treatment measures, despite being fully aware of the details of such order.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each investigation report (verification of prior notice of disposal and postal receipt, submission of opinions on a waste disposal order, etc., verification of administrative procedures, volume of waste storage, etc., and verification of the timing of suspending C operation);

1. Notice of administrative disposition, order of administrative disposition, extension of time limit for waste disposal order, and request for the implementation thereof pursuant to the Wastes Control Act;

1. A license for a comprehensive waste recycling business;

1. Search of each postal item;

1. A letter of name of each business trip;

1. Application of each on-site photograph and satellite photograph Acts and subordinate statutes;

1. Article 65 of the relevant Act concerning facts constituting an offense and Articles 65 subparagraph 21 and 40 (2) of the Waste Management Act that choose a penalty (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that a failure to comply with an order given by an administrative agency to stop operation in a de facto state of closure of business and to dispose of large volume of waste left alone is not a case that is minor.

However, the defendant reflects his fault in depth.

The wastes left alone by the defendant are not likely to cause harm to the environment or national health.