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(영문) 수원지방법원 2019.01.15 2018고단2750

폐기물관리법위반

Text

1. The defendant A shall be punished by imprisonment for one year;

2. Defendant B shall be punished by imprisonment for three years;

3. The defendant C shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On October 7, 2016, Defendant A was sentenced to ten months of imprisonment for a crime of fraud at the Jung-gu District Court on January 7, 2017, and the execution of the sentence was terminated on January 7, 2017. On January 11, 2018, Defendant A was sentenced to one year and six months of imprisonment for a violation of the Wastes Control Act at the Suwon District Court, and the said judgment became final and conclusive on July 12, 2018.

Defendant

B was sentenced to six months of imprisonment for a violation of the Punishment of Tax Evaders Act at the Jung-gu District Court on June 23, 2016, and the execution of the sentence was terminated on November 15, 2016. On January 11, 2018, the Suwon District Court sentenced two years of imprisonment for a violation of the Wastes Control Act at the Suwon District Court on August 14, 2018.

Defendant

B The judgment was finalized on September 28, 2017, on September 2017, which was sentenced to three years of imprisonment with prison labor for a violation of the Wastes Control Act at the Jung-gu District Court on September 20, 2017. However, each of the instant offenses was committed by the Defendant on June 23, 2016 after the final judgment was sentenced to six months of imprisonment with prison labor at the Jung-gu District Court on August 1, 2016, which became final and conclusive. The instant offense committed against the Wastes Control Act, which was sentenced to three years of suspended sentence for the said one year, was committed before the final judgment on the violation of the Punishment of Tax Evaders Act, was committed. Accordingly, the first judgment was not possible to have been sentenced at the same time prior to the final judgment on the violation of the former Punishment of Tax Evaders Act.

Defendant

C On May 28, 2015, the Seoul Western District Court sentenced ten months of imprisonment for fraud, etc. and completed the execution of the sentence on November 13, 2015.

Defendant

D was sentenced to three years of imprisonment for a violation of the Wastes Control Act by the Suwon District Court on January 11, 2018, and the above judgment was finalized on August 9, 2018, and on November 2, 2018, the Suwon District Court sentenced one year of imprisonment for a violation of the Wastes Control Act at the Suwon District Court on November 10, 2018, and became final and conclusive on November 10, 2018.

Defendant

H On February 6, 2018, with imprisonment for a violation of the Wastes Control Act in the resident support area located at the Daegu District Court on February 6, 2018 and on February 14, 2018.