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(영문) 의정부지방법원 2015.10.19 2014고정2507

폐기물관리법위반

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No person shall reclaim wastes in any place other than a waste treatment facility which has been permitted, approved or reported.

Nevertheless, Defendant A instructed Defendant B to perform the reclamation and dumpation work by moving the inorganic sludge, which is a waste accumulated in Sincheon-si, to the location near Sincheon-si, the neighboring area of 50 meters away. From June 7, 2014 to September 9 of the same month, Defendant B used one dump meter, one dump truck, two dump truck, etc. on the miscellaneous land of the above G, and buried approximately 1,000 tons of inorganic sludge ( approximately 40 tons of inorganic truck) as waste, and performed the flating work.

As a result, the Defendants conspired to reclaim wastes at a place other than the waste treatment facilities permitted, approved or reported.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of witness B and H;

1. The suspect interrogation protocol of the defendant A by the police;

1. Each written confirmation of violation;

1. A written accusation;

1. Application of statutes on site photographs;

1. Defendants: Article 63 Subparag. 2 and Article 8 (2) of the Wastes Control Act, and Article 30 of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A and his defense counsel asserted that the inorganic sludge in the instant case is not not a waste, but a non-organic sludge was buried. However, according to Article 2 subparag. 1 of the Wastes Control Act, the term “waste” is defined as “waste” as “the substance that is no longer necessary for human life or business activities, such as garbage, burning materials, sludge, waste oil, waste acid, waste egg, animal carcass, etc., and Supreme Court Decision 2002Do3116 Decided December 26, 2002 presented by the defense counsel, the process of processing wastes by means of crushing, screening, winding, mixing, and lodging.