beta
(영문) 수원지방법원 안산지원 2015.02.06 2014고정1518

폐기물관리법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, around May 6, 2014, the Defendant buried approximately KRW 500 tons of inorganic waste, which was generated in the process of manufacturing sand in farmland of a size of 1,923 square meters located in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing verification of detection;

1. Relevant Article 63 of the Wastes Control Act and Articles 63 subparagraph 2 and 8 (2) of the same Act and the selection of fines for criminal facts;

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

1. In light of the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was in the first instance trial, and thus, (b) the Defendant took out and treated inorganic sludge and restored to the original state; (c) the Defendant reflects the Defendant; and (d) the Defendant had a record of having been issued a summary order of KRW 1 million as a violation of the Wastes Control Act in 2007; and (e) the amount of fine (five million won) under the summary order appears to be excessive; and (e) the Defendant’s sentence