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(영문) 대전지방법원 홍성지원 2019.03.19 2018고단959

폐기물관리법위반

Text

A defendant shall be punished by imprisonment 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

The Defendant is a person who operates the “D”, a company producing slots, using wastes, such as C wastewater treatment sludge, etc., located in Chungcheongnam-gun, Hongsung-gun.

1. No person who illegally reclaims wastes shall dispose of wastes in any place, other than a place or facility, prepared by the competent authority or the manager of any facility, such as a park or road, to collect wastes;

Nevertheless, around December 2016, the Defendant buried approximately KRW 7.37 tons of closed soil and sand at the same place of business, using sckes, on the ground surface.

2. Each waste treatment business operator without permission shall store wastes in an appropriate place, such as storage facilities within the permitted place of business, temporary storage facilities approved, etc.;

Nevertheless, on July 16, 2018, the Defendant kept approximately 260 tons of the entry in the above place of business in the vicinity of the entrance in the factory without obtaining permission or approval from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Results of on-site photographs and waste soil inspection;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions and Articles 63 subparagraph 1 and 8 (1) of the Wastes Control Act (the illegal reclamation of wastes), subparagraph 9 of Article 66 and Article 25 (9) 1 of the Wastes Control Act (the point of unauthorized storage of wastes), and the selection of imprisonment with labor for each type of crime;

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

1. In light of the legislative intent of the Wastes Control Act with a view to preserving the environment and improving the quality of people's lives by properly disposing of wastes for sentencing under Article 62 (1) of the Criminal Act, and the quantity of wastes illegally disposed by the defendant, each of the crimes of this case is deemed to be inferior to its nature

However, the defendant is against the recognition of each of the crimes in this case, and there is no record that the defendant has been punished for the same crime, and there is no record of punishment exceeding the fine.

Furthermore, the Defendant is fully aware of the instant wastes following each of the instant crimes.