[폐기물관리법위반·산림법위반][미간행]
Defendant 1 and 2
Bosavies
Attorney Yoon-ho et al.
Defendant 1 shall be punished by imprisonment for one year and six months, by imprisonment for one year, and by a fine of ten thousand won for Defendant 3 stock companies, respectively.
The 95-day detention days prior to the issuance of this judgment shall be included in the above sentence against Defendant 1, and the 53-day detention days shall be included in the above sentence against Defendant 2.
However, the execution of each of the above punishment against Defendant 1 for three years from the date this judgment became final and conclusive, and against Defendant 2 for two years.
Defendant 3’s provisional payment of an amount equivalent to the above fine shall be ordered against the stock company.
To order the defendant 1 and 2 to provide community service for 160 hours each.
Defendant 1’s de facto private interest and the president of the above company, who exercises overall control over the business of the above company. Defendant 2 is an executive director who exercises overall control over the environmental work of the above company. Defendant 3 is a corporation established for the purpose of the final waste disposal business.
1. Defendant 1 or 2 in collusion;
(a) Even if the waste is not buried in a place other than a landfill facility permitted or approved by the authorities, it is anticipated that the waste reclamation site remains spreading due to the buried waste since the commencement of the final waste disposal business with the permission from the Posting of the Port on January 20, 199, and that it will be long time due to the procedures for consultation with the competent department designated as a waste disposal facility zone under the Urban Planning Act for the site to be expanded and the site to be expanded, and that the waste disposal contract with the trader will be maintained until the waste is buried without the permission for change after the extension of the waste reclamation site without the permission for change;
From April 22, 2002 to May 15, 2004 of the same year, the above Defendant 3 Co., Ltd., located at the port from around 2.00 to around 5.15 of the same year, in addition to 2 meters high above the previous 3rd part of the waste reclamation site, and 2 meters high above the above 3rd part of the previous 3rd part of the same year, in the manner of spreading up in the order of the f,591 square meters away from the above 6,59 square meters wide, and without undergoing the safety inspection by the Environmental Protection Management Corporation, filled up approximately 10,000 construction waste, etc. at around 10,000 cubic meters away from the above time to February 204 without permission;
B. Around May 15, 1995: (a) obtained permission from the Gyeongbuk-do Office for conversion of 20,344 square meters from 72,595 square meters of reserved forest (detailed number omitted); and (b) obtained the permission of conversion of 20,344 square meters from the 72,595 square meters of land; and (c) obtained the permission of the port market without obtaining the permission of the port market in spite of the fact that the forest additionally damaged while performing the waste reclamation site creation work around August 199 and completed the approval of the restoration with the green belt for viewing the
From April 22, 2002 to May 15, 2002, in the course of performing the construction of additional waste reclamation sites as above, cut down arbitrarily the pine tree bags planted on the ground level of approximately approximately 6,591 square meters among (detailed number omitted);
2. Defendant 3 Company
Defendant 1 and Defendant 2, the president of the defendant at the same time and at the same place, committed each of the above offenses in relation to the defendant's business.
1. Defendants’ legal statements in the first trial record
1. Entry of the inspection record;
1. Each protocol of interrogation of Nonindicted 1, Defendant, and Defendant 2 prepared by the prosecutor
1. Each written statement made by the prosecutor with respect to Nonindicted 2, Nonindicted 3, Nonindicted 4, Nonindicted 5, Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 9, Nonindicted 10, Nonindicted 11, Nonindicted 12, Nonindicted 13, Nonindicted 14, Nonindicted 15, Nonindicted 16, Nonindicted 17, Nonindicted 18, Nonindicted 19, and Nonindicted 20, respectively.
1. A written accusation;
1. Copy of the current status survey result map and contract;
1. Each investigation report;
1. Article applicable to criminal facts;
Defendant 1 and Defendant 2: Articles 58-2, 7(2) of the Wastes Control Act, Article 118(1)4 and 90(1) of the Forestry Act, Article 30 of the Criminal Act
Defendant 3: Articles 62, 58-2, 7(2), 126, 118(1)4, and 90(1) of the Wastes Control Act;
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Calculation of days of pre-trial detention (Defendant 1, 2);
Article 57 of the Criminal Act
1. Suspension of execution (Defendant 1, 2);
Article 62(1) of the Criminal Act(Article 62(1)(Article 62(1)(Article 62(1) of the Criminal Act(Article 62(1)(Article 62(1) of the Criminal Act)(Article 62(1) of the same Act(Article 62(1) of the Act
1. Order to make provisional payment (Defendant 3 Stock Company);
Article 334(1) of the Criminal Procedure Act
1. Social service (Defendant 1, 2);
Article 62-2 (1) of the Criminal Act
Judges or higher-ranking