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(영문) 수원지방법원 평택지원 2013.07.18 2013고단633

폐기물관리법위반

Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operated a stock company B (a project to extract aggregate on land and to screen aggregate) located in the wife population D at the time of tolerance.

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

Nevertheless, from July 4, 2012 to March 6, 2013, the Defendant buried 5,632 tons of inorganic sludge, which is a waste generated in the process of producing aggregate in the above B, in the wife E at the permissible time, as well as buried in the attached list of crimes, from July 4, 2012 to March 25, 2013, the Defendant buried 26,856 tons of inorganic wastewater in total at the 10 places between July 4, 2012 and March 25, 2013.

2. At the same date, time, and place as the defendant B, A, the representative of the defendant, committed the above violation in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's statement to F, G, H, I, J, and K;

1. The police statement concerning F;

1. Investigative report (Attachment of photographs at the search site), investigation report (B), investigation report (verification of illegally reclaimed amount), investigation report (verification of illegally reclaimed amount), investigation report, investigation report (verification of usage quantity of highly molecular dynasium), investigation report (verification of quantity of sand collected), investigation report (verification of quantity of sand collected), investigation report (verification of the current status of the M Survey Office), investigation report (verification of the current status of the M Survey Office), investigation report (verification of the current status of the M Survey Office), investigation report (verification of the amount of stock of inorganic dynasium), investigation report (assessment of the amount of stock of inorganic dynasium), comprehensive review of the amount of illegally reclaimed dynasium

1. Investigation and report at the site of reclamation of inorganic sludge, orders to take removal measures against violations of the Wastes Control Act, and replies of the results of inspection on wastes and soil contamination level;

1. Application of a certified copy of register, business registration certificate, and aggregate extraction business registration certificate;

1. Defendant A who is subject to applicable provisions of the Act on Criminal Facts and who is subject to the choice of punishment: Defendant A is subject to criminal punishment under Article 65 Subparag. 1 and Article 13(1) of the Wastes Control Act (generality and choice of imprisonment);