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(영문) 의정부지방법원 2018.12.13 2018고정1437

자원의절약과재활용촉진에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of the LABD and the LABD is a company that manufactures high-class fuels through pulverization and selection process by obtaining permission for a comprehensive waste recycling business and bringing waste trees into agricultural wastes.

A person who intends to report the import or manufacture of solid fuel products shall undergo an inspection on whether the shape, size, etc. of solid fuel products he/she intends to import or manufacture meet the quality standards prescribed by Ordinance of the Ministry of Environment with respect to such solid fuel products, and shall not import or manufacture solid fuel products that fail to meet the quality standards.

Nevertheless, the Defendant, in accordance with the Resources Saving and Recycling Promotion Act from February 28, 2018 to May 3, 2018, and the Enforcement Rule of the same Act, manufactured solid fuel products that are unsuitable for 0.5wwt.% of the base standards of non-specific type quality, despite the fact that the Defendant is required to comply with the salt content below 0.5wt.% of the base standards of non-specific type quality.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement of F;

1. Notification (D) of an enterprise that has failed to pass an inspection to verify the quality of solid fuel products, during a quarter of January 2018;

1. Application of Acts and subordinate statutes to quality standards for solid fuel products;

1. Article 39-2 and Article 25-5 (1) of the Act on the Promotion of Saving and Recycling of Resources Selected to Conduct a crime and Articles 39-2 and 25-5 (1) of the same Act, the selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the fact that the defendant is against himself while committing the crime, the fact that there is no record of punishment for the same kind of crime, the previous time of the crime does not violate the quality standards, and the result of passing a regular inspection after the instant case was received, and other factors such as the details of the instant crime and the circumstances before and after the instant crime, the age of the defendant, the sexual behavior