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(영문) 제주지방법원 2016.03.23 2015고단1601

폐기물관리법위반

Text

Defendant

A shall be punished by a fine of 3,00,000 won, by imprisonment of 1 year and a fine of 10,000,000 won, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A is the actual operator of the E company as the internal director of E company, and the defendant B is the actual operator of E company.

No person shall reclaim or incinerate wastes in any place other than a waste disposal facility permitted, approved, or reported.

Nevertheless, on December 2014, the Defendants buried approximately KRW 222 tons of concrete wastes into the bridges, fences, etc., by mixing them with the reclaimed soil, while they were engaged in flating work at the construction site of five separate houses outside F, Jeju, and the construction site of five separate houses.

Accordingly, the Defendants conspired to reclaim commercial wastes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A's accusation;

1. Statement of the police statement related to G;

1. A report on investigation (Attachment of photographic materials);

1. Each investigation report (Attachment of materials);

1. Investigation reports (on-site inspections, etc.);

1. Application of Acts and subordinate statutes to investigation reports (specific volume of concrete wastes);

1. Article 63 Subparag. 2 and Article 8(2) of the Waste Management Act; Article 30 of the Criminal Act; Defendant B who selects a fine: Article 63 Subparag. 2 and Article 8(2) of the Waste Management Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act shall be concurrently punished by imprisonment with prison labor and a fine;

1. Suspension of execution (Defendant B): Article 62 (1) and (2) of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to Defendant A of the reasons for sentencing: Confirmation of restitution to the original state (see, e.g., evidence No. 160, Aug. 17, 2015)