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(영문) 대구지방법원 포항지원 2021.02.17 2020고단1493

폐기물관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

A person ordered by the competent authority to take measures, such as change of waste disposal method, suspension of waste disposal or bringing in, shall comply with such order.

Nevertheless, on August 28, 2020, the Defendant issued an order to take measures (third tea) to “ lawfully dispose of approximately 400 tons of wastes (waste clothes) loaded on the land north-gu, Northern-gu, B at the port on the following occasions by October 30, 2020,” and did not comply with the order.

Accordingly, the defendant did not comply with the order of the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. The application of Acts and subordinate statutes to file a criminal charge, each accusation, each site photograph, each administrative disposition under the violation of the Wastes Control Act, each order for administrative disposition, each report on the results of submission of opinions, each prior notice of disposition, each prior notice of disposition, each official trip name, confirmation letter, notification of administrative disposition under the Waste Management Act, urge for the implementation of administrative disposition under the violation of the Waste Management Act, and re-promotion of implementation of administrative disposition under the violation of the Waste Management Act

1. Relevant laws and Article 65 subparagraph 23 and Article 48 of the Waste Management Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for sentencing for Article 62-2 of the Criminal Act repeats a crime in violation of the Waste Management Act from the year 2019, the fact that this is the fourth crime, the large amount of wastes that did not comply with the order to take measures, and thereby could have an adverse impact on the preservation of the environment, and other various conditions of sentencing that are shown in the records and arguments, such as the motive, means and results of the instant crime, the circumstances after the crime, the current state, the Defendant’s age, the Defendant’s sexual behavior, and the environment.