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(영문) 춘천지방법원 영월지원 2020.03.31 2019고단521

폐기물관리법위반

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[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants partly revised the facts charged to the extent that it does not impede the Defendants’ exercise of their right of defense.

1. Defendant A is a representative member of a limited partnership company B, who exercises overall control over the above company’s business.

Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall obtain permission from the competent authority in accordance with standards prescribed by Ordinance of the Ministry of Environment.

Nevertheless, around April 14, 2019, the Defendant carried out a waste treatment business without obtaining permission from the competent authorities in the field of the company's camping site located in Gangwon-si, the Defendant brought about approximately KRW 180 tons of industrial wastes from the site of the company, and disposed of wastes by mixing them with aggregate rocks, thereby disposing of them.

2. Defendant B limited partnership company is a juristic person established for the purpose of soil construction business, etc.

The defendant, who is the representative member, operated the waste disposal business without obtaining permission from the competent authority concerning the defendant's business at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a written accusation and documents attached thereto, a criminal investigation report (representative telephone interview of the D Company E), and a criminal investigation report (explosion of wall of the B

1. Article 64 subparagraph 5 of the Wastes Control Act, Article 25 (3) of the Act, Article 64 subparagraph 2 of the Act, Article 67 of the Act on the Control of Land, Infrastructure and Transport, and Article 67 of the Act on the Control of Land, Infrastructure and Transport, and Article 67 of the Act on the Punishment,

Article 64(5) and Article 25(3)

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant limited partnership company B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A operated a waste disposal business without permission as the representative of Defendant limited partnership company B.

The amount of the instant wastes is reasonable.

In addition, Defendant A has been punished three times for the same crime, and has been punished several times for environmental crimes.