beta
(영문) 광주지방법원 해남지원 2017.08.10 2017고단141

폐기물관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the head of a Si/Gun/Gu treats wastes in a manner that breaches the standards for waste treatment, he/she may order a person who treats wastes to take necessary measures, such as waste treatment.

The Defendant: (a) dumped 2,00 tons of paper bags, which are wastes, into the Gun of South and North Korea without permission; and (b) received an order to take necessary measures from the head of the Gun around January 17, 2017 to February 20, 2017 to dispose of all the above wastes lawfully pursuant to the Waste Management Act; and (c) failed to comply with the order without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of public official C;

1. Written accusation (including attached documents);

1. An order to take measures to dispose of wastes and a report on the results of business trips;

1. Application of Acts and subordinate statutes, such as waste photographs;

1. Article 65 of the relevant Act and Articles 65 subparagraph 23 and 48 of the Waste Management Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has a large quantity of wastes neglected without permission, and that the defendant committed the instant crime even though he/she has been punished twice for the same kind of crime, the defendant should be punished strictly, but the suspension of execution shall be imposed only once, taking into account the fact that the defendant recognized his/her mistake and reflects it, the defendant has no record of punishment exceeding the fine, and the disposal of the wastes neglected without permission.