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(영문) 대구지방법원 경주지원 2013.05.07 2012고단1387

폐기물관리법위반

Text

As to the crime No. 1 of the judgment of the defendant, a fine of 5 million won shall be imposed on the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for 8 months at the Ulsan District Court for fraud, and on October 25, 2012, the judgment became final and conclusive. From August 2012, the Defendant operated the E Co., Ltd. in racing City B, C, and D, and run closed timber recycling business.

1. No person who has buried industrial wastes shall reclaim or incinerate wastes in any place other than the waste disposal facilities;

Nevertheless, around March 201, the Defendant buried approximately 100 tons of waste timber generated from the said workplace in the site of the said workplace.

2. On September 24, 2012, the Defendant, who failed to comply with an order to take measures, issued by the racing market to the effect that “to properly dispose of the wastes referred to in paragraph (1) above,” but failed to comply with such order until October 26, 2012, the implementation period; on October 31, 2012, the Defendant issued an order to take measures to the same effect; but did not comply with such order until November 30, 2012, which is the implementation period.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of the F;

1. All on-site photographs;

1. Investigation report (to attach a copy of the order of administrative disposition);

1. Each accusation;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, investigation reports (including confirmation date of the final and conclusive date, attachment of judgments, accompanying materials);

1. Article 63, Article 8 (2) of the Wastes Control Act (the point of waste reclamation and the choice of fines) and Article 65 subparagraph 10 of the same Act concerning facts constituting an offense;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;