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(영문) 대전지방법원 홍성지원 2017.05.17 2017고단125

폐기물관리법위반등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Waste Management Act is a person running “D”, a kimchi production plant, in Chungcheongnam-nam Budget-gun C.

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

Nevertheless, from March 201 to September 201, the Defendant buried approximately 13.5 tons of vegetable residuess, which are industrial wastes, such as vegetable residuess generated during the aforementioned D Kimchi manufacturing process, and buried approximately 13.5 tons of vegetable residuess, which are plant wastes, from September 201 to November 201, in Chungcheongnam-gun F and G, which are located outside waste disposal facilities, from around November 201, in which the Defendant buried approximately 135 tons of vegetable residuess, which are industrial wastes.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

Nevertheless, on September 201, the Defendant damaged the area of approximately 231 square meters in the Chungcheongnam-nam Budget Group F without obtaining permission for the number of budget forces, and changed the use of mountainous districts for the purpose of reclaiming by-products.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes on forest geographic information, such as a written accusation, an explanatory note, a report on results, on-site verification, and the result of measures taken to illegally reclaim wastes in a kimchi plant, photographs of waste treatment, investigation reports (Evidence No. 24), yellow survey records, location map, and forest geographic information;

1. Article 63 of the relevant Act on the facts constituting an offense, subparagraph 2 of Article 63 of the Waste Management Act, Article 8 (2) of the same Act (the violation of the Waste Management Act), Article 53 subparagraph 1 of the Mountainous Districts Management Act, and Article 14 (1) of the Mountainous Districts Management Act (the violation of the Mountainous Districts Management Act), and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;