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(영문) 창원지방법원 밀양지원 2018.04.05 2017고단619

폐기물관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

Although a person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes has obtained permission from the competent authorities, the Defendant, without obtaining permission from the competent authorities, collected and stored approximately 200 tons of vegetable residues (pulmonary mushroomss, booms, paths, paths) and waste feed in a warehouse located in Gyeongnam-gun, Gyeongnam-gun, not around August 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written charge and written confirmation;

1. A photographic register;

1. The application of Acts and subordinate statutes to confirm the supply of feed-manufacturing factories and the supply of compost-manufacturing factories;

1. Article 64 of the relevant Act and Articles 64 subparagraph 5 and 25 (3) of the Waste Management Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

Unfavorable circumstances: Conditions favorable to the point that there has been a record of punishment for the same kind of crime: The volume of wastes being disposed of;