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(영문) 수원지방법원 2015.04.16 2015고정118

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without following the amendment of the indictment to the extent that it seems that there is no concern that the defendant's exercise of his/her right to defense may

The Defendant, as the president of the BY-ju business office, is a company, and the waste discharger of the place of business has to legally entrust the disposal of the aggregate in accordance with the Waste Management Act. However, the Defendant was controlled by the head of the Gu, who is the wife, on February 17, 2014, on the ground that he/she transported and buried in the same J 4,862 cubic meters of the volume of the waste from the waste disposal population E, which is a waste generated from the cleaning of aggregate, through D operated by C, 7,650 cubic meters, into the same Gu F, 7,650 cubic meters, into the same Gu G, 14,450 cubic meters, into the same Gu G, and I

As a result of the foregoing control, the Defendant: (a) ordered the head of the wife to take measures for illegal reclamation on March 13, 2014; (b) ordered Gwangju Office to take measures for illegal reclamation on July 4, 2014; and (c) ordered the B Gwangju Office to take measures for illegal reclamation on March 13, 2014; and (d) ordered the B Gwangju Office to take measures for illegal reclamation on July 4, 2014; (b) failed to comply with the above order to take measures until September 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of K;

1. Copy of the order to take measures for illegal reclamation of wastes;

1. Copy of the request to take measures for illegal reclamation of wastes;

1. Application of each statute on a written accusation;

1. Article 65 subparagraph 10 of the Wastes Control Act and Article 48 of the same Act and the selection of fines for criminal facts;

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

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

1. Taking into account the fact that the defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledges and reflects his mistake, and that all illegally reclaimed in the four lots of land as indicated before and after the date of the issuance of the summary order were taken out and disposed of and restored to the original state.