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

No person shall reclaim or incinerate wastes in any place other than the waste treatment facilities permitted, approved, or reported under the Wastes Control Act.

Nevertheless, the Defendant buried approximately 4.85 tons of construction waste, such as waste concrete, in the land of Seopo-si, Seopo-si, which is not a waste disposal facility permitted, approved, or reported from January 201 to June 201 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes to field photographs and actual survey reports;

1. Article 63 of the Wastes Control Act and Articles 63 (2) and 8 (2) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. The portion not guilty, including the amount of wastes reclaimed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, the restoration to the original state, and the non-guilty part;

1. The Defendant buried approximately 13 tons of construction waste, such as waste concrete, at the time and place as indicated in its reasoning.

2. Determination of 13 tons of the above construction waste is calculated by selecting several samples during the investigation process to measure the quantity of waste and comparing the volume of the samples with the volume of the whole reclaimed land.

(Investigation Records 159 pages)However, around March 2014, the Defendant disposed of the wastes buried in the instant reclaimed land, and confirmed that the waste concrete volume buried in the process of disposal was 4.85 tons (Evidence 1 submitted by the Defendant) and there is no other evidence to prove that the volume of wastes is 13 tons.

Therefore, the above facts charged constitute a case where there is no proof of crime, and thus the acquittal should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act, but as long as the court found the defendant guilty of violating the Wastes Control Act, the court shall not render a separate verdict of innocence