폐기물관리법위반
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
Any person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes shall have facilities, equipment, and technical capacity in accordance with the standards prescribed by Ordinance of the Ministry of Environment and shall obtain permission from the Minister of Environment where he/she intends to target designated wastes in each type of business, wastes subject to business, and disposal area, or
Nevertheless, on June 2, 2017, the Defendant leased land equivalent to the size of C 983 square meters, located in B, from that time to June 10, 2019, and thereafter collected and transported approximately 16.7 tons of general commercial wastes, such as waste rocks, waste waste electrical and equipment, waste home appliances, penal detention, waste wood, scrap metal, waste glass, etc., and stored them in the said land.
Ultimately, the Defendant operated waste disposal business without permission from the Mayor/Do Governor.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. A real estate monthly rent contract, and field photograph;
1. Requests for cooperation in investigation and measurement of wastes;
1. Application of Acts and subordinate statutes for investigation reports (verification of current status of disposal as against land owner B);
1. In light of the relevant legal provisions on criminal facts, Articles 64 subparag. 5 and 25(3) of the Wastes Control Act, the grounds for sentencing selecting a sentence for imprisonment without permission, and the fact that the Defendant did not pay waste disposal costs to the landowner, and that the Defendant did not make any specific effort to dispose of the relevant wastes, the sentence shall be imposed against the Defendant, taking into account the following circumstances: the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument in the instant case.