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(영문) 청주지방법원 2014.07.24 2014고단536

폐기물관리법위반

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) was a person operating the FF in Cheongju-si E; (b) was prohibited from reclaiming wastes at a place other than the waste disposal facilities permitted, approved, or reported; (c) on December 2, 2013, the Defendant arbitrarily buried the waste amounting to 4,500 tons of the waste conference, which was loaded in the Haju-gun G in Haju-gun of Chungcheongnambuk-do, in the form of waste disposal facilities, at the location of H, I, or J land, which was not permitted, approved, or reported.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of K and L in the prosecutor's office's protocol, and M and N in the prosecutor's protocol of statement concerning M;

1. Application of Acts and subordinate statutes of 13 copies of field photographs, 4 copies of the register (Evidence List No. 5), 2 copies of the contract for the construction of waste treatment, 1 copy of the contract for the construction of waste treatment, 2 copies of each case as a result of the transfer management, 3 copies of the photograph (Evidence List No. 37), 1 copy of the statement of transaction (Evidence List No. 63), 1 copy of the ground plan, 1 copy of the investigation report (Listening to the statement by the official in charge of the Ministry of Environment, hearing of the statement by the telephone officer in charge of the Ministry of Environment, recycling of closed rocks

1. Article 63 Subparag. 2 and Article 8(2) of the former Wastes Control Act (amended by Act No. 12321, Jan. 21, 2014);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The amount of waste rocks buried without a substantial reason for sentencing under Article 334(1) of the Criminal Procedure Act, and there is a risk of causing water pollution, and the Defendant received KRW 250 million in return for proper treatment under the law. Notwithstanding the aforementioned reasonable consideration, the purport of legislation of the Wastes Control Act prepared to achieve the purpose of environmental conservation, etc. through environment-friendly treatment of wastes.