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(영문) 대전지방법원 논산지원 2013.10.08 2013고단261

폐기물관리법위반

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd., a waste disposal company located in C at the time of conclusion.

Although a person who installs and operates waste disposal facilities is required to maintain and manage the relevant facilities in accordance with the management standards prescribed by Ordinance of the Ministry of Environment, the Defendant, on October 29, 2012, failed to immediately suspend the operation of the facilities or take measures to appropriately store and dispose of wastes, even though the water from pipes transferred food wastes to a lodging facility in the process of manufacturing food wastes as fertilizers was leaked from the pipes to be stored in the lodging facility during the manufacturing process, and thus, failed to take measures to recover and appropriately store and dispose of new or new wastes.

As a result, the defendant has contaminated the surrounding environment by maintaining and managing waste disposal facilities in a way unsuitable to the management standards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E;

1. Report on occurrence of the case, on-site photographs, confirmation of collection of samples, official questions as a result of sample analysis, each description of the test report, or the application of video Acts and subordinate statutes;

1. Article 66 of the Wastes Control Act and Articles 66 and 31 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. It is an unfavorable circumstance that probation and community service order Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have the same criminal records as the reasons for sentencing, and the defendant committed the instant crime again one time prior to probation, and that it appears that he did not maintain and manage waste disposal facilities in conformity with the management standards after the instant crime.

However, it is favorable that the defendant has been judged to be in conformity with the result of the inspection of multiple malodor conducted on July 19, 2013 after repairing waste disposal facilities recently.

In addition, all other circumstances shown in the arguments in this case, such as the age, character and conduct, and environment of the defendant.